Litigation Lawyers in Saratoga Springs
Civil depositions happen during civil litigation in Saratoga Springs, New York. They are part of the discovery procedure.
The discovery procedure in Saratoga Springs, 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 Saratoga Springs, New York, one way to get relevant evidence is to ask individuals 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 Saratoga Springs, New York
If the parties believe that a witness in Saratoga Springs, 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. Furthermore, if they have to be questioned for several days, it is a good way to save the court's time.
Civil Depositions in Saratoga Springs, New York can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Saratoga Springs, New York, it can prove to be a considerable inconvenience.
To help deal with this fact, Saratoga Springs, New York permits 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 beneficial 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 Saratoga Springs, New York, it's absolutely necessary 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 Saratoga Springs, New York Lawyer Help?
If you're a party to a Saratoga Springs, New York lawsuit and are obligated to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
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 Saratoga Springs, 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.