Depositions

News & Analysis as of

TrialPad

In my last blog, we discussed a few tips for creating opening and closing PowerPoint presentations. This post will focus on TrialPad and presenting your exhibits from your iPad....more

Questioning a Witness: Poor Questions Versus Good Ones

When conducting direct examination, you generally can’t ask leading questions, i.e., ones that suggest a particular answer. Evid C §§764, 767(a)(2). And, of course, you can’t ask objectionable questions. For inexperienced...more

Presenting and Recording Evidence During a Deposition

Lawyers and their support staff are usually familiar with basic trial technology. However, they don’t always consider the possibilities offered by using these technologies earlier — in the deposition setting. With some...more

To What Extent Can You Use Errata Sheets To Correct Testimony Under Rule 30(e)?

In a recent decision, Judge Urbanski addressed when a party is allowed to make changes to deposition testimony by means of an errata sheet under Federal Rule of Civil Procedure 30(e)....more

Disproportionate Discovery, Even in an MDL

Here’s a significant post-rules-amendments discovery decision out of the Xarelto MDL. In In re Xarelto (Rivaroxaban) Products Liability Litigation, 2016 WL 311762 (E.D. La. Jan. 26, 2016), the court (Fallon, J.) cited both...more

Out-Of-Town Depos: Let Us Take the Weight Off Your Shoulders

Scheduling depositions out of your town can be time consuming and expensive and often ends with disappointment and frustration. Choosing an international court reporting company with local court reporters and affiliates...more

SEC Issues Proposed Changes to Administrative Proceedings

Amid controversy over its increased use of administrative proceedings to bring enforcement cases, the SEC has recently proposed several reforms. For instance, one change would ease the deadlines by which an initial decision...more

Ringing in the New Year While Taking Depositions Abroad

New Year’s is a time of looking ahead with hopes for good things to come, and people wishing each other health, happiness and success in the coming year. Festivities are varied, ranging from church services to fireworks, and...more

New 2016 Law Applies to California Deposition Notices

A new law requires language to be added to Notices of Deposition, AB 1197, effective January 1, 2016, authored by Assemblywoman Susan Bonilla. CA CCP 2025.220 now reads as follows with the addition of section (8):...more

Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after...more

District Court Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that...

In this patent infringement action, the plaintiff filed a motion for discovery sanctions. The plaintiff argued in its motion that defendant failed to comply with the district court's October 7, 2015 oral discovery order and...more

Changes to the California Code of Civil Procedure You Should Know About NOW

The California legislature has recently implemented important changes to the California Code of Civil Procedure (“CCP”) that will take effect on January 1, 2016. These changes will affect all aspects of the litigation...more

Trial Checklist

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below...more

Scheduling Depositions in Poland

If you find yourself scheduling depositions in Poland, you may want to extend your stay an extra couple of days to take advantage of the opportunity to delve into your surroundings and explore the culture and history....more

Deposition Notice 101

In most cases you’ll need to notice at least one deposition. Here’s a handy overview for anyone new to California practice on what to include in your deposition notice and when to serve a subpoena along with it....more

Host of Rule Changes Go Into Effect Today in the New York Commercial Division

The rules governing practice in the Commercial Division of New York Supreme Court have undergone a number of important amendments, additions, clarifications and other modifications effective today....more

Access Requirements for Depositions in Japan

As mentioned in previous blogs, depositions in Japan are permitted only at the U.S. Embassy in Tokyo or at the U.S. Consulate in Osaka. The Japanese Embassy and Consulate have strict requirements in place regarding...more

Handling Difficult Depositions Like a Pro

Depositions are a critical part of any case. For many lawyers, a deposition will be your first time taking testimony or making contemporaneous objections. This can be intimidating, especially if you perceive your opposing...more

Selecting the Right Interpreter

When taking the deposition of a witness who doesn’t speak English, the right interpreter will keep the proceedings moving at a reasonable pace. Additionally, a qualified interpreter ensures that your questions are...more

Oops! The Court Reporter Didn’t Swear In the Witness

The Court Reporters Board of California periodically receives calls from frazzled court reporters who realize they forgot to swear in the witness, and the deposition had started. I know sometimes when an attorney says, “Let’s...more

You May Have to Produce PMK Witnesses, Unless You’re a File-Sharing Business

If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees...more

Enjoying Local Culture While Taking International Depositions

International travel for your depositions can be exhausting — and not nearly as glamorous as it may seem. However, traveling around the globe to take depositions or other legal proceedings is certainly not without its perks....more

WARF v. Apple: Motion to Exclude Live Witness Granted Where Apple Had Previously Sought to Rely Solely on Deposition Testimony

As the Wisconsin Alumni Research Foundation ("WARF") patent infringement case against Apple approached trial, Apple attempted to call a witness live that it had previously informed WARF's counsel would be called by...more

The E-Discovery Digest - October 2015

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

U.S. Chamber of Commerce Joins Chorus Pushing For Overhaul in SEC Enforcement Practices

A recent report by the Center for Capital Markets Competitiveness at the U.S. Chamber of Commerce (Chamber Report) regarding the enforcement program of the Securities and Exchange Commission (SEC or Commission) identified...more

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