Litigation Lawyers in Walden
Civil depositions occur during civil litigation in Walden, New York. They are part of the discovery process.
The discovery process in Walden, 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.
One way to obtain this information in Walden, New York is to simply sit down with someone involved in the dispute, or with knowledge of some of the issues, and ask them questions. This can be done through a civil deposition, which is basically a Q&A session between a lawyer, and the person being deposed. A lawyer for the other side will also be present. The person being deposed is answering their questions under oath, just as if they were testifying in court. Because of this, it's important to get their statements on the record. For that purpose, a court reporter or videographer will be present.
Conducting A Civil Deposition in Walden, New York
Depositions in Walden, New York are meant to get verbal testimony on the record and into evidence, when there is concern that the person being deposed might be unable to show up and testify at trial, or their testimony will take far too long for them to testify at trial.
Civil Depositions in Walden, New York can sometimes go on for days, and occasionally even weeks. If you are required to appear for a deposition in Walden, New York, it can prove to be a significant inconvenience.
Because of this fact, the law in Walden, New York allows witnesses who are appearing for depositions to be compensated for the expense associated with it. This includes reimbursement for gas, lodging, and food. They can also be paid a certain amount of money for every hour they testify, to compensate them for their time. However, this money can only be conditioned on the witness showing up and giving truthful testimony. Trying to condition it on the witness testifying in a certain way ceases to be compensation, and becomes bribery, which is a crime.
In Walden, 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 very steep fines.
How Can A Walden, 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 Walden, 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, on the other hand, you're not directly involved in the case, but have been subpoenaed to appear in a deposition as a witness in Walden, New York, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.