Litigation Lawyers in Rye
Civil depositions happen during civil litigation in Rye, New York. They are part of the discovery procedure.
The discovery procedure in Rye, New York is one of the most significant parts of the civil litigation process. During the discovery phase, each side of the lawsuit is obligated to make all of the relevant information it has in its possession available to the other side.
In Rye, 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 Rye, New York
If the parties believe that a witness in Rye, New York won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible 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.
Rye, New York civil depositions can go on for a long time - sometimes going for a week or more. If you get subpoenaed to provide your testimony in a Rye, New York civil deposition, this could prove to be incredibly inconvenient.
To help mitigate this inconvenience, Rye, New York allows witnesses who are appearing in depositions to be paid a set amount of money for their time, and reimbursed for travel expenses. However, if there is any evidence that this money is being used to influence a witness' testimony, there is going to be a significant problem: this would amount bribery, and it is a serious offense.
In Rye, New York depositions, everyone being deposed is under oath. This means that you are legally and morally obligated to answer every question truthfully. If you deliberately misrepresent your knowledge (lie), you are guilty of perjury. And if you're caught, you could end up facing jail time and/or some extremely steep fines.
How Can A Rye, New York Lawyer Help?
If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , New York attorney. Obviously, you should follow their advice with respect to the deposition.
If you're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you likely don't need to hire a Rye, New York litigation attorney, but it would not be a bad idea to seek out a brief consultation with one, to get an idea of what to expect.