Depositions

News & Analysis as of

District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar ("Chrimar") filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.'s ("D-Link") corporate representative, William C. Brown. Chrimar previously took...more

Presidential Privilege? Why Presidents Can’t Escape Litigation in Office

Unless you’ve been living under a rock for the past three weeks, you know Donald Trump was elected the next President of the United States. You also probably know that some of Mr. Trump’s companies are defendants in various...more

California Attorneys – Who Files Original Deposition Transcript?

Recently I read a stipulation by Southern California attorneys that the court reporter was relieved of his duty to file the original deposition transcript with the court.   Filing the original deposition transcript with the...more

Benedict’s Maritime Bulletin: Discovery and Disclosure: Civil Litigation Tools for Obtaining Evidence in the United States,...

The ever-increasing cost of civil litigation was once thought to be a unique trait of the United States civil justice system. However, the expense of civil litigation is on the rise across the globe, due in no small part to...more

The Corporate Litigant and Rule 30(b)(6) Depositions: The Duty to Prepare the Corporate Representative to Testify

On November 9, 2016, United States Magistrate Judge Paul D. Stickney (N.D. Tex.) entered an Order that serves as a reminder to corporate litigants and their counsel that the demands of Rule 30(b)(6) should not be disregarded...more

Protecting In-House Counsel From Having To Be Deposed

There a probably few things in legal practice as annoying as getting a Notice of Deposition for your client's in-house counsel. Are you willing to pursue a Motion for a Protective Order to prevent the deposition? ...more

Five Considerations When Taking Depositions in Japan

Depositions in Japan involve a few extra logistical details. With proper planning and adequate lead time (at least 6 weeks, generally speaking), the following five special requirements mustn’t be a barrier to successful...more

Rolling Stone Rolls With Early Favorable Rulings

Rolling Stone is not the first media outlet to defend itself in a multi-million dollar trial this year. Gawker Media was recently hit with a $140 million judgment resulting from a suit by Terry Bollea (a.k.a. Hulk Hogan) for...more

Deposition Horrors!

By Suzanne Quinson Image from thefw.com Halloween is fast approaching, meaning zany costumes, yummy treats, Linus awaiting the Great Pumpkin, and horror stories! All attorneys, paralegals, and court reporters have a few of...more

Discovery of Nonparty Foreign Affiliates Must Be Tempered by Proportionality

The court’s opinion affirms the principle that relevance, even in the context of a foreign affiliate, must always be tempered by considerations of proportionality, thereby providing defendants an effective argument when...more

Trump University Files Motion to Compel Depositions of Allegedly Defrauded Consumers

On September 16, 2016, Trump University filed a motion to compel the New York State Attorney General to produce the names of the consumers who were allegedly defrauded by Trump University and to produce those witnesses to...more

Aristotle and Depositions

In my freshman year in college, Philosophy 101 was a required course. I tolerated Socrates and Plato, but Aristotle was someone I could actually read and enjoy. Mind you, I didn’t pore over his Nicomachean Ethics as I do...more

Another Champion for Proportionality in Discovery

For the second time within a month, an MDL court has rejected wide-ranging and potentially abusive discovery on the basis that the requests were out of proportion to the needs of the case. This is a welcome development. We...more

Play it Again

Over the weekend, I took myself to the Great Frederick Fair to see and hear the incomparable Vince Gill. I had wanted to see him for years, and I was not disappointed! He played all his hits, engaging his audience with his...more

International Travel Chronicles Part 2

The previous blog in this series highlighted the shock of different technologies encountered during international travel. But there are other discoveries to be made when traversing the globe. Sometimes a local can act as an...more

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg,...more

Depositions of the Stars

Celebrities are often involved in legal matters. From copyright infringement, money claims, crazed fans, and burglary, it’s safe to say that as a celebrity, one should always have a strong legal team! Thanks to the internet,...more

Protecting Your Client's President From Having To Be Deposed: NC Business Court

You have probably been in this situation. Your client is a successful corporate entity, maybe publicly held. You are defending the entity in a lawsuit and you receive a Notice of Deposition for the CEO of your client. The...more

Redacting Confidential Portions – After the Fact

A recent blog highlighted the benefit of designating confidential portions to be redacted while at the deposition. Portions designated as such are redacted at no cost. So, depending on the size of the case and the extent of...more

International Videoconference Testimony for Trial

Do you have a client who will be testifying in a trial overseas via videoconference from the United States? Sounds easy enough, but there are quite a few things to consider. Time Difference – If your client is testifying...more

“Take Note,” Court Reporters!

The National Court Reporters Association recently launched its 2016-2017 ‘Take Note’ Challenge. The competition started on August 8th and will run through February 18th, 2017. The friendly challenge invites state court...more

Is Your Client Prepared?

Depositions are commonplace for litigation attorneys; however, we may sometimes forget that they are not routine for our clients. Many times our clients have never given a deposition. Even if a client has been deposed once...more

In Top “Form” – The NY Commercial Division’s Continuous Efforts to Increase Efficiency and Reduce Litigation Costs

As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more

International Travel Chronicles

Travel to foreign lands brings with it unique experiences and funny anecdotes you just couldn’t pick up any other way. The language barrier is an obvious and endless source of amusement, but each country has its own culture...more

Checklist for Depositions in Japan

As mentioned in previous blogs, there are extra steps involved when scheduling depositions in Japan. In the interest of assisting paralegals maintain well-organized information regarding all things related to international...more

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