Litigation Lawyers in Schenectady
Civil depositions occur during civil litigation in Schenectady, New York. They are part of the discovery process.
The discovery process in Schenectady, 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 Schenectady, New York, one way to acquire relevant evidence is to ask persons 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 Schenectady, New York
If the parties believe that a witness in Schenectady, 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. Additionally, if they have to be questioned for several days, it is a good way to save the court's time.
Civil Depositions in Schenectady, New York can sometimes go on for days, and occasionally even weeks. If you are required to appear for a deposition in Schenectady, New York, it can prove to be a substantial inconvenience.
To help deal with this fact, Schenectady, 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 advantageous to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
When giving a deposition in Schenectady, New York, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition begins, and you will be under oath, just as if you were in open court. Thus, if you lie, you are committing perjury, which can land you in jail.
How Can A Schenectady, New York Lawyer Help?
If you're a party to a Schenectady, New York lawsuit and are required 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 are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Schenectady, New York attorney, who can advise you on how to proceed.