Depositions

News & Analysis as of

Court Denies Motion for Extended Deposition Despite over 300 Objections During Deposition Where Defendant Failed to Raise Issue...

In this patent infringement action, the Defendants requested that the court order a further Rule 30(b)(6) deposition of one of the deponents, Mr. Pang. In the motion, Defendants argued that Plaintiff's counsel objected more...more

Conducting Depositions in Sweden

One of the jewels of the Scandinavian region of Europe, the Kingdom of Sweden,is a highly frequented country for taking depositions. Not only is the country full of interesting history and breathtaking beauty, it is also a...more

Deposition of Declarants Is Limited after Routine Discovery

Valeo, Inc. v. Magna Electronics, Inc. - In an Order on Conduct of the Proceedings, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) denied a patent owner’s request to depose a...more

Deposition Transcripts and Exhibits – Who Needs Paper?

Many of my attorney clients have asked me if I know what other law firms are doing to reduce paper. I know of two firms, one in Milwaukee and another in San Diego, that are completely paperless, but I am thinking my clients...more

Mobile Videoconferencing in Remote Territories of Australia

Australia is a vast, beautiful country, offering many dazzling locations to host a deposition: Sydney, Perth, Brisbane, and Melbourne all come to mind. Suppose, however, that your witness is somewhere more remote — for...more

Be Mindful of U.S. Time Changes when Taking Depositions Abroad

For many people in the United States, the first weekend in November brings mixed emotions. It’s time to “Fall Back!” The time changes to Standard Time effectively deleting an hour of sunlight for an entire four months. ...more

Court Chastises Both Parties for Contentious and Unprofessional Behavior and Warns That Further "Offending Conduct" Will Lead to a...

After a discovery dispute erupted in this patent infringement action, the court held a telephonic hearing on defendants' motion to compel discovery and for sanctions and plaintiff's cross-motion for a protective order....more

Motion to Strike "Errata Sheets" to Deposition Testimony Granted Where Plaintiff's Expert Witnesses Changed Answers from "No" to...

In this patent infringement action, the defendant filed a motion to strike the "errata sheets" to deposition testimony of two of plaintiffs' expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion...more

Unavailability of IPR Witness for Deposition Undercuts Testimony

Testimony from a witness in a prior reexamination, or other, proceeding may be useful information to a party in inter partes review proceedings. The party propounding such testimony should be prepared, however, to produce...more

China Begins Issuing 10-year Visas

For many years, U.S.-China relations have been strained; however, with President Obama’s recent trip to the Asia-Pacific region, tensions seem to be easing. Evidence of this upturn in relations comes as China began issuing...more

Give the Reporter a Hand to Get a Clean Depo Transcript

When you’re taking a deposition, you know that ensuring a complete and accurate record is vital. So don’t take the person who’s dutifully taking down the proceedings for granted: Assisting the court reporter is not only...more

Can A Court Reporter Swear In A Witness Anywhere In The Usa? Federal Rules

Deposition court reporters will often travel with cases throughout the USA and the world. Attorneys require technologically savvy court reporters with expertise in complex subject matters. In my previous blog about the...more

Court Denies Duplicative Deposition (New Jersey)

Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014). In this trademark case, the parties engaged in discovery disputes over the plaintiff’s “ability to search and produce...more

Depositions in Switzerland

Arguably one of the most beautiful countries in Europe is the Swiss Confederation, or Switzerland. With its gorgeous lakes, breath-taking mountain peaks, and lush valleys, Switzerland is a top tourist spot. Switzerland is a...more

Like Steve Jobs, Unavailable Witnesses Can Still “Appear” at Trial

In the trial of an antitrust case against Apple, Steve Jobs will come back to life as a key witness—if only in the form of his videorecorded deposition....more

Play Nice in the Deposition Sandbox

Medtronic, Inc. v. Norred - In two separate orders on the conduct of the proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) came down on the parties for their inability to...more

Taking Depositions in Japan – Part 3

Sending Your Participant and Equipment Lists - Once you have your deposition room reserved and your deposition visa(s) secured, it’s time to send even more information to the Embassy/Consulate to ensure all intended...more

Nevada Lawyers Beware: Don’t Use Privileged Documents To Prep Your Client To Testify

Twice this year, the Nevada Supreme Court ruled that a party may be required to produce for inspection an otherwise privileged document used to refresh a witness’s recollection prior to or during the witness’s testimony at a...more

A Primer on Uniform Interstate Depositions and Discovery Act of 2007

Most litigators at one point or another will need to conduct a deposition of a witness or discover materials in another state. Prior to the promulgation of the Uniform Interstate Depositions and Discovery Act, discussed...more

Taking Depositions in Japan – Part 2

Applying for a Deposition Visa for Japan - As mentioned in Part 1 of this series, breaking down the process of taking depositions in Japan can be very helpful in eliminating stress and ensuring that nothing is missed...more

PTAB Orders Halt to “Speaking” Objections in Deposition

The Board continues to strongly enforce its regulations regarding the behavior of attorneys defending depositions in inter partes review proceedings. In an order entered in both Medtronic, Inc., Medtronic Vascular, Inc., and...more

Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not...

The defendants in this patent infringement action sought the production of certain billing statements of the law firm representing CleanTech. The defendants argued that the billing statements were discoverable based on their...more

Taking Depositions in Japan – Part 1

The Court Order and Reserving the Deposition Room at the Embassy or Consulate - The process of preparing to take depositions in Japan can be quite cumbersome. The guidelines are strict and best broken down into...more

District Court Precludes Deposition of In-House Counsel Who Acted as Part of Trial Team Even Though Counsel Had Relevant,...

After plaintiff, McAirlaids, requested the deposition of one of Kimberly-Clark's ("K-C") in-house litigation counsel, K-C filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) to preclude the deposition of...more

5 Things to Do Before Deposing an Expert

Taking the deposition of an opponent’s disclosed expert entails more and different preparation than when you’re deposing a lay witness. Here are 5 things to do when prepping for an expert’s deposition....more

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