Depositions

News & Analysis as of

Be Very Careful If You Are Instructing Your Clients Not To Answer Questions At A Deposition

In an (unpublished) Order last week in Griggs v. Bittersweet Farms, LLC, Judge McGuire ruled that Plaintiffs' counsel's instruction to his client not to answer certain deposition questions was improper. He granted a Motion...more

New Lessons from Cosby: Confidential Doesn’t Always Mean Confidential

How, after all these years, did the truth about Bill Cosby finally come out? It happened on July 6, 2015 when a federal judge in Philadelphia ordered that documents filed in a lawsuit by one of Cosby’s accusers 10 years...more

Court Orders Defendant to Reveal Imprecise “Self-Collection” Methodology (West Virginia)

Burd v. Ford Motors, Co., 2015 WL 413915 (S.D. W. Va. July 8, 2015) - In this automotive product liability case, the plaintiffs argued that defendant’s “self-collection,” which consisted of custodians using search terms...more

Depositions in Oslo

Norway, famous for long winter nights and seemingly endless summer days, breath-taking fjords, fishy cuisine, and, of course, Vikings, lies on the westernmost portion of the Scandinavian Peninsula. Norway’s official name is...more

US Chamber Recommends SEC Enforcement Changes

Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC’s enforcement process. Most of the 28 recommendations were...more

Deposing a Willing Russian Witness

Unfortunately, not all countries permit the taking of depositions. Mainland China, though a party to the Hague Evidence Convention, is just one example. Russia is not a party to the Hague Evidence Convention and does not...more

Deposing the Doctor: Why Do It and How Much Will It Cost?

In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call....more

Top 9 Tips to Make Your Deposition Less Stressful

A deposition is a commonly used discovery device in many divorce cases. Many people are nervous or even afraid of being deposed. Follow these nine tips to help relieve some of the anxiety surrounding a deposition. A...more

What Is a Deposition?

Hi there, A deposition is a tool that lawyers use to get information from witnesses or from the other side. It’s one of the most effective tools the lawyers have, both to find out what has really gone on and to discover...more

Depositions in Osaka, Japan

In a previous three-part blog, we covered the intricate process of scheduling depositions in Japan. As outlined in that blog, depositions in Japan can be taken in two locations only: the U.S. Embassy in Tokyo, or the U.S....more

Depositions in London

London has produced several literary giants, among them Chaucer, Shakespeare, and my own personal favorite, P.G. Wodehouse (great light reading for a long plane ride). London is home to well-known historic sites: the House of...more

A Picture Paints a Thousand Words: Video Recording an Accident Demonstration

One of the more frustrating aspects of defending power tool cases occurs during the deposition of the plaintiff – at the point where he attempts to describe in minute detail how his accident happened. Then, at trial, just...more

7 Questions to Ask Before Selecting a Transcription Vendor

Lawyers, doctors, corporations and government entities often need to have audio files transcribed into text. Examples can include: court hearings and trials, voicemails, examinations, meetings (board, annual, financial, town...more

CEOs May Be at the “Apex” of Their Companies, But They Can Still Be Deposed

Order Re: Discovery Dispute, Finisar Corp. v. Nistica, Inc., Case No. 13-cv-03345-BLF (Magistrate Judge Jacqueline Scott Corley) - One of the more contentious issues in civil litigation involves the question of under...more

Massachusetts Court Sheds Light On Deposition Privilege Waiver Issues

Chief Judge Patti Saris of the District of Massachusetts has issued a significant opinion on privilege waivers in the Trustees of Boston University v. Everlight Electronics case. The opinion concerned a deposition in the case...more

Board Rejects Attempt to Add Testimony to Preliminary Response

As we have discussed, the proposed PATENT Act contains provisions that alter many facets of IPR proceedings. One of those potential changes is a new ability to include affidavits or declarations of supporting evidence and...more

Depositions in India

The first step (and possibly the longest) in preparing to take depositions in India is to obtain a visa to enter the country. A visa is required for any U.S. citizen traveling to India, and the process to secure an Indian...more

Court Takes a Common Sense Approach to Rule 30(b)(6) Depositions

Rule 30(b)(6) of the Federal Rules of Civil Procedure allows corporations' adversaries to insist that the corporation select a spokesman to provide binding testimony about designated topics. These depositions almost...more

Site Inspection in Denmark

If you need a site inspection at a location in Europe (Denmark, for example) to document evidence in a case, a skilled videographer is essential for an effective recording. Europe is a popular destination, and while...more

Designer Depositions in Taiwan

In a recent article published in the Hemisphere Magazine, Taipei was dubbed “The Next Great Design Center.” What was once seen as shoddy workmanship, “Made In Taiwan” is now worn as a badge of honor. Taipei was recently...more

Court Reporters – Four Tips on What to Expect at an I.M.E.

Attorneys need Individual Medical Examinations to be reported and certified from time to time. An Independent Medical Examination is conducted by a doctor, chiropractor/physical therapist whom has not previously been...more

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement

Defendant Samsung Electronics Co. ("Samsung") filed a motion to compel plaintiff Cascades Computer Innovation, LLC ("Cascades") to produce additional documents and to require its trial counsel to appear for a deposition....more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

2025.520(c) – What Happens if the Witness Can’t Get to Reporter’s Office?

There are two methods for reading, correcting and signing deposition transcripts in California. Method #1: At the conclusion of a deposition in California, the deposition officer shall send written notice to the...more

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