Depositions

News & Analysis as of

Want Sanctions? Establish That Relevant Information Was Actually Lost

FiTeq, Inc. v. Venture Corp., No. 13-cv-01946-BLF, 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016). In an order disposing of eleven motions in limine, the court denied the plaintiff’s request for sanctions from alleged...more

The A++, Guaranteed to Go Smoothly and Make You Look Like You Do This All the Time, Timeline and Checklist to Prepare to Take a...

The Master Deposition Timeline and Checklist - Two Weeks before Issuing the Subpoena (if you are issuing a subpoena to a non-party) - ..Please remember to run conflicts on every witness before you issue a subpoena...more

Japan Deposition Tip – Go to Hawaii

In a previous blog, we highlighted the value of local court reporters and videographers when taking depositions in Japan. Japan’s detailed and time-consuming steps for taking depositions, particularly the deposition visa...more

Depositions of Organizations—Will the Rules Change?

The complex rules governing depositions of organizations may be about to change. An upcoming rule review by the Civil Rules Advisory Committee (“Committee”) could result in one of the biggest developments in the way discovery...more

You Don't Have The Right to Remain Silent: The Middle District of Pennsylvania Reaffirms that Attorney-Client Communications...

In Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993), the United States District Court for the Eastern District of Pennsylvania issued its opinion regarding attorney-client communications during depositions which has...more

When Nobody Knows the Answers: What to Do When a 30 (B)(6) Notice is Served on a Successor Corporation

SUCCESSOR CORPORATION - Federal Rule of Civil Procedure 30(b)(6) allows a party to take the deposition of an organization by identifying the topics about which the party seeks information from the corporation. In...more

Building Business Relationships: Why Finding a Good Court Reporter is Key

At the law offices of Barry P. Goldberg, we firmly believe that a finding great court reporter service and maintaining that business relationship can be invaluable. Quite simply, good court reporters can make a big difference...more

Getting Your Client Ready for Deposition

For most clients, being questioned in a deposition is a new and frightening experience. The more you can do to prepare your client, the better he or she will feel and perform. When it comes to instructing your client on how...more

Seven Tips for Newly Licensed Court Reporters

I have the privilege of working with newly licensed San Diego California Certified Shorthand Reporters. I am extremely proud of their writing ability and the fact they are not scared to learn and use the sophisticated...more

Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more

TCPA Team Scores Win For Dorsey Client: Court Prohibits Plaintiff From Seeking Deposition Testimony on Unrelated Prior Complaints

On May 18, 2016, Dorsey’s Telephone Consumer Protection Act (“TCPA”) team scored a major victory on behalf of one of its financial services clients when the District Court for the Middle District of Florida granted its...more

Moving Toward an Orderly Uninsured Motorist Arbitration-Part 2 Rule 3.823

Woodland Hills personal injury attorney Barry P. Goldberg is a student and expert on all things “Uninsured” and “Underinsured.” In fact, Barry P. Goldberg has written extensively on Uninsured Motorist topics for years and is...more

Tips for Dealing with a Difficult Deponent

If you take depositions, it’s inevitable that you’ll encounter deponents who are difficult to question. In addition to maintaining a professional manner, consider using one or more of the following strategies, based on the...more

Tokyo’s New Train

There is a common sight in Japan — so common that it becomes almost invisible. That sight is trains. They are everywhere and I use them on a daily basis. I’ve grown to love the convenience and reliability of the Japanese...more

Depositions in Paris

Taking depositions in Paris sounds like a glamorous time, until you read the fine print, that is. Your head likely will be spinning so much that you may as well be reading French. Unless, of course, you are fluent in...more

Perks to Depositions in South Korea

International depositions provide limitless opportunities for travel, often to exciting locales. But will your destination have local U.S. -trained reporters and videographers to cover your depositions? If your depositions...more

LBL’S Persistence Pays Off With Sanctions Against Plaintiff's Counsel

LBL is currently defending a big box store in an alleged bedbug infestation case. During the course of litigation, Plaintiff’s counsel cancelled three properly-noticed depositions of his client. Upon cancelling the third...more

Questions to Ask When Deposing an Expert

The task of deposing the opposition’s expert is simplified immeasurably by keeping in mind the deposition’s fundamental purpose: to discover all of the expert’s opinions and all of the bases for those opinions. Your goal...more

Securing the deposition of a Massachusetts resident for use in a Connecticut action

Imagine this scenario: A Bank issues a loan to two co-borrowers. One co-borrower relocates to Massachusetts. The co-borrowers default on the loan and the Bank commences suit against the two co-borrowers. During...more

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

Time is on Your Side: Depositions in Japan

The restrictive processes and guidelines for taking depositions in Japan, though frustrating at times, actually contain benefits stemming from their very rigidity. An important aspect which must be taken into consideration...more

Petitioners that Rely on Deposition Testimony to Establish that a Publication Qualifies as Prior Art should be Prepared to Produce...

Routine discovery in review proceedings authorizes cross examination of affidavit testimony. 37 C.F.R. § 42.51(b)(1). If a petitioner submits affidavit testimony to prove that a publication qualifies as prior art, the...more

3 Best Practices for How a Company Should Go About Selecting a Witness to Testify In Response to a 30(B)(6) Notice

It may appear to be a seemingly mundane task when selecting and preparing an appropriate corporate representative for a “Rule 30(b)(6)” deposition. However, the selection process can present some complex challenges and real...more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

To Speak or Not to Speak: The “Personal Knowledge” Requirement of a Corporate Representative

Federal Rule of Civil Procedure 30(b)(6) permits a corporate representative to testify during deposition about matters within the corporation’s knowledge. This testimony does not require the corporate representative to have...more

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