Litigation Lawyers in Rochester
Civil depositions occur during civil litigation in Rochester, New York. They are part of the discovery process.
The discovery process in Rochester, New York is one of the most important parts of the civil litigation process. During the discovery phase, each side of the lawsuit is required to make all of the relevant information it has in its possession available to the other side.
In Rochester, New York, one way to obtain relevant evidence is to ask people involved in the dispute (both parties and witnesses) about their knowledge of the matter. This is done through a civil deposition. It is essentially a question and answer session between a lawyer, and a witness or party to the action. A lawyer for the other side is present, as well as a court reporter or videographer. The lawyer asks questions of the person being deposed, who must answer them under oath.
Conducting A Civil Deposition in Rochester, New York
If the parties believe that a witness in Rochester, New York won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Also, if they have to be questioned for several days, it is a good way to save the court's time.
Rochester, New York civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in a Rochester, New York civil deposition, this could prove to be incredibly inconvenient.
To help deal with this fact, Rochester, New York allows witnesses who are being deposed to be compensated for their time. They can be reimbursed for lodging, travel expenses, and given a small amount of money for their time. Remember, however, that this money is most definitely NOT conditioned on the witness giving testimony that's favorable to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
If you are called to a deposition in Rochester, New York, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.
How Can A Rochester, New York Lawyer Help?
If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this point, already be represented by a Rochester, New York civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in which case you should find a new lawyer).
If you are not directly involved in the lawsuit, you might still have to appear at a deposition, if you have information that's relevant to the case in Rochester, New York. You probably don't need to hire a lawyer in that case, but it might be a good idea to at least get a consultation from one.