Depositions

News & Analysis as of

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

Screwdriver, Anyone? Finding the Best Interpreter for Your Deposition

Language is a funny thing. Certain words or phrases have no direct translation to other languages. The ever-growing library of slang can be next to impossible to convey from one language to another. ...more

A Claimant May Be Deposed Before Shown Surveillance Materials

The Fourth District in Hankerson v. Wiley, --- So. 3d ----, 2015 WL 71735, 40 Fla. Law Weekly D195 (Fla. 4th DCA Jan. 7, 2015), aligned itself with recent Third District decisions and quashed a trial court order which...more

Discovery and Depositions in Germany

Although Germany is a party to The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the German Ministry of Justice has placed certain restrictions regarding how voluntary depositions of...more

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

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