Depositions

News & Analysis as of

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

Depositions in Taipei

Taipei hosts numerous depositions every year. Here are a few thoughts to keep in mind when planning your depositions in this lovely city. Situated at Taiwan’s northern tip, Taipei is the nation’s political as well as...more

Beware – Witnesses Unintentionally Waive Right To Read/Sign At Their Deposition

Under Federal Rule 30, Depositions by Oral Examination, the court reporter has an obligation to certify not only that the witness was duly sworn and that the deposition accurately records the witness’ testimony, but also the...more

Which Party Should File Motion to Seal in Inter Partes Review?

The PTAB has taken seriously the importance of public accessibility to information underlying an inter partes review proceeding. As such, motions to seal have been trickier to navigate than might have been expected. ...more

Florida Appeals Court Quashes Order Requiring Insurance Commissioner to Testify

On March 13, 2015, in Florida Office of Insurance Regulation v. Florida Department of Financial Services, Florida’s First District Court of Appeals quashed the trial court’s order compelling the deposition of the Florida...more

Hypothetically Speaking, Mr. Insurance Commissioner, There Is No Need To Answer

A recent case pitted two State of Florida agencies involved in insurance regulation against one another, and resulted in a decision by the appellate court that the Insurance Commissioner could not be compelled to appear as a...more

How to Depose a Danish Witness in The Netherlands

Denmark has declared, per Articles 15 and 16 of The Hague Evidence Convention, that depositions may not be taken in Denmark by diplomatic or consular officers without prior permission from the Danish Ministry of Justice....more

This is Not a Sham: Fully Appreciating the “Sham Affidavit Doctrine” Can Help to Preserve Error

It is generally understood that the “sham affidavit doctrine” will prevent a party from creating an issue of material fact to defeat summary judgment by filing an affidavit that contradicts its prior deposition testimony....more

Board to Parties: “Call Me” - FLIR Systems, Inc. v. Leak Surveys, Inc.

In an order issued after a post-conference call order, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB or Board) denied patent owner’s request to file a motion seeking sanctions, suggesting...more

Nevada Lawyers Beware: Client Communications During Deposition Breaks May Not Be Privileged

Scenario: You have spent hours prepping your client for her deposition testimony. A key document is introduced at the deposition and opposing counsel begins to ask a series of questions about the significance of the...more

Don’t Sleep on Rule 37 Motions

What do you get when opposing counsel repeatedly cancels depositions only days before they are scheduled, allegedly fails to abide by confidentiality agreements and court orders, and repeatedly files supposedly baseless...more

Great Court Reporters – Use Your Trade Associations for Success

Once a court reporter is licensed, a decision needs to be made: “Do I go work in court? Do I want to work in a freelance setting and report depositions? Is it possible to do both?” There are many factors that would go into...more

Seoul Depositions

The capital of South Korea, Seoul, is the second largest metropolitan area in the world, and home to over half of South Korea’s population. Seoul is ranked as the world’s most wired city (and home to the world’s fastest...more

Safety Considerations When Covering Depositions and Arbitrations Abroad

Recently, The Economist – Intelligence Unit, released a report entitled “The Safe Cities Index 2015: Assessing Urban Security in the Digital Age.” It’s a very interesting read that reviews four different categories of safety...more

WHAT’S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER – Parties Seeking To Depose Foreign-Based Witnesses In The U.S. Should Be...

Parties suing in the United States with foreign-based witnesses take heed, as you may find your foreign-based witnesses traveling to the United States for depositions. On February 12, 2015, Magistrate Judge Paul Grewal...more

5 Tips for Preparing Your Witness for Video Deposition

Preparing your witness for a video deposition has a few more wrinkles—or more accurately, the ironing out of a few more wrinkles—than a deposition recorded only by stenography....more

How to Get a Transcript or Video of a Witness if You Are Not a Party to the Case – CA CCP

Once or twice a year our court reporting firm gets a request from an attorney to purchase a deposition transcript of a witness, and that attorney does not represent anyone in the case. Because Kramm has archived past...more

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Preparing for Depositions in Colombia

As mentioned in a previous blog, taking depositions in Colombia can be the solution if you have an Ecuadorian, Brazilian, or Venezuelan witness, as these countries do not permit the taking of depositions. As for any...more

Who You Gonna Call? The Board!

The PTAB issued an order providing guidance for responding to potential witness coaching during a deposition recess. Cases IPR2014-00411 and IPR2014-00434 – FLIR Systems, Inc. v. Leak Surveys, Inc. - In an inter...more

Declarant Must Be Made Available for Deposition in the United States - Square, Inc. v. REM Holdings 3, LLC

Addressing the location of a deposition of patent owner’s declarant, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) concluded that, absent an agreement between the parties to...more

Preparing for Depositions in Finland

Taking depositions in Finland is a fairly simple process. There is no visa requirement for U.S. citizens, and no restrictions as far as where in Finland you can depose a witness (see U.S. State Department – Finland). Once...more

Deposing your Ecuadorian, Venezuelan, or Brazilian Witness in Colombia

Ecuador, Venezuela, and Brazil do not permit the taking of voluntary depositions of willing witnesses. Therefore, if you have a witness living in one of these three countries, you will not be able to depose them there. If...more

Swearing in Your Witness Abroad

When taking a deposition in the United States, it is fairly common for the witness to be sworn in by the court reporter, as nearly all court reporters are notaries. However, a U.S. notary’s powers do not extend beyond the...more

Discovery in Belgium

Taking depositions in Belgium is similar to taking depositions in the U.S. Although Belgium is not a party to the Hague Evidence Convention, prior permission for taking depositions of Belgian citizens is not required, nor...more

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