Depositions

News & Analysis as of

5 Ways to Defeat Deposition Abuse [Video]

Have you been on the receiving end of opposing counsel's abuse during a deposition? This short video discusses the most common abuses attorneys experience during depositions, and gives you 5 ways to effectively deal with...more

Declaratory Testimony from File History is “Affidavit Testimony” Which Requires Deposition

Most declaration testimony in an inter partes review proceeding is newly developed as part of the IPR. On occasion, however, parties to an IPR have used previously generated declarations in support their positions. In...more

Federal Court Report - Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s...

In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police...more

Credibility Challenges Posed by the Eccentric Inventor Witness

Eccentric inventors can be their own worst enemies at depositions and on the witness stand at trial. General Electric Co. v. Wilkins (Fed. Cir., May 8, 2014) is a recent case on point. The General Electric case involved a...more

Plaintiff Precluded from Using Deposition Testimony of Defense Expert Where Plaintiff Procured the Absence of the Expert

Novartis sought to use the deposition testimony of defendant's expert at trial under Fed.R.Civ.P. 32(a)(4)(B). As explained by the district court, "the Rule provides that a party may use the deposition of a witness for any...more

Speaking Objections Are Not Allowed, And Neither Are Whispered Instructions - Lexos Media, Inc. v. Zynga Inc.

Case Number: 1:12-cv-07994-PGG (Dkt. 97) - Lexos Media moved for an order prohibiting speaking objections in further depositions, and for fees and costs associated with a deposition. The court ordered that “speaking...more

Ten ideas for better depositions

I recently became involved in a case where all the depositions had already been taken. The opposing lawyers were partners in a very large, very well-known law firm. And my predecessors on the case came from a firm with a...more

A Picture is Worth 1000 Words — Video Depositions

in BioMarin Pharmaceutical Inc. v. Genzyme Therapeutic Products Limited Partnership, IPR2013-00534, Paper 32, IPR2013-00537, Paper 31 (April 11, 2014), the patent owner sought to take video cross examination of the...more

Don't Be A Bieber: How A Bad Attitude Or Poor Preparation For A Deposition Can Destroy Your Case

Recently, several clips from 20 year old pop-star Justin Bieber's video deposition made their way around the Internet. To say the least, he did not help his public image or his case. While it's easy to dismiss his behavior as...more

White Paper: Time Limits for Witness Depositions

In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets a seven hour maximum time limit for the...more

Florida Supreme Court Compels Legislator Depositions in Redistricting Case

On December 13, 2013, the Florida Supreme Court decided that Florida legislators and legislative staff members can be forced to give deposition testimony and produce documents relating to legislation establishing new...more

Weekly Law Resume - Torts – Conflict Representing Client’s Employee at Deposition

Michael Yanez v. Brian Plummer - California Court of Appeal, Third Appellate District (November 5, 2013)- After a defendant’s employee was fired for providing deposition testimony different from statements provided...more

Three Keys to Preparing for Plaintiff’s Deposition in an Employment Case

Perhaps more in an employment case than in other types of litigation, the credibility of the plaintiff is the critical factor that will lead to the success or failure of the case. This blog anticipates the three avenues a...more

What To Expect At A Deposition

If you are involved in a personal injury lawsuit, you may be told that the opposing attorney wants to depose you. This does not mean removing you from power as the ruler of a foreign country, although that is one of the...more

Deposition Parameters Start to Take Shape in Inter Partes Review Proceedings

As more IPR proceedings wind their way through the discovery phase, issues relating to depositions are starting to pop up in PTAB decisions. Here, we take a look at some recent Board decisions that help clarify those issues...more

Strategies In Class Action Engagement: Deposing The Named Plaintiff

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Outside counsel must plan the depositions of the named class representative...more

Governor Vetoes AB 375

On October 10, 2013, Governor Brown vetoed Assembly Bill 375. AB 375 had proposed to "streamline" the certificated dismissal process, but would have imposed significant burdens on districts that potentially would have made...more

Be Careful With That Axe -- Texas Breaks New Ground in Defamation Turned Court Records Case

Beware the law of unintended consequences. The Texas high court has just denied review of a court of appeals opinion in a case that began as a defamation action brought by a Texas state court judge against a Dallas-area...more

Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff's Case Denied Because...

As this patent infringement action proceed toward trial, plaintiff Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark") filed a request with the district court on an "extremely time-sensitive case management issue concerning the...more

Court Reporters – Marking An Exhibit After a Deposition Finishes

A young court reporter asked me this week what I would do if a deposition ends, and then one of the attorneys says, “Oh, I have the doctor’s CV that I forgot to mark as an exhibit....more

Florida Supreme Court to Review Scope of Legislative Privilege in Redistricting Case

One of the cases the Supreme Court of Florida will be considering this Fall concerns “legislative privilege” – specifically, whether Florida legislators or legislative staff members can be forced to give deposition testimony...more

Always Review Opposing Expert’s File - A Golden Opportunity

An expert deposition may be the last place one would expect to have an “Ah-ha!” moment, but it can happen. Some lawyers are intimidated when deposing an expert. One might assume, “Experts are skilled testifiers—they never...more

Two Things To Avoid When Opposing A Motion For Summary Judgment

There aren't any great business law proclamations in Allran v. Branch Banking & Trust Corp., 2013 NCBC 41, decided late last week, but there a couple of procedural points that might help you avoid having summary judgment...more

Court Reporters – California CCP Section 2025.32(c) – What if an attorney asks you to characterize the demeanor of a person at a...

The job of the court reporter is to take down every word that is said while parties are on the record. Invariably, at sometime in our careers we are asked by an attorney or percipient person to sign a declaration or write a...more

Guide for International Counsel: US Pre-Trial Discovery in Europe - July 2013 (Version 1)

Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world....more

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