Depositions

News & Analysis as of

Court Compels Production of Metadata (New Jersey)

Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015). In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more

Conducting Depositions in France – Part Two

In a previous blog, we outlined the process of taking depositions of French citizens and third-country nationals before a diplomatic or consular officer of the United States. Depositions of French citizens and third-country...more

Develop a Routine: Stock Questions to Ask in Every Deposition

Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them. Every attorney should develop a list of stock questions and ask them of most...more

Conducting Depositions in France – Part One

Depositions of U.S. citizens in France may be conducted without any special requirements or restrictions and can be scheduled much as they would be in the U.S. If you are conducting a deposition of a French citizen or...more

PTAB Issues Subpoenas in Two IPR Proceedings

To date, the PTAB has sparingly used its power to issue subpoenas in inter partes review proceedings. In two recent cases, Marvell Semiconductor, Inc. v. Intellectual Ventures I LLC, (IPR2014-00553) and LG Chem, Ltd. v....more

Court Allows Deposition of Computer Forensics Specialist to Aid in Discovery (Florida)

Procaps S.A. v. Patheon Inc., 2015 WL 1880346 (S.D. Fla. Apr. 24, 2015). The plaintiff failed to place a litigation hold on its documents which resulted in an inadequate search for responsive information in discovery....more

Class Action Plaintiffs’ Failure to Appear at Deposition Deemed Not Prejudicial Enough for Dismissal

In a class action brought against Amtrak, two plaintiffs, Guerra and Whitesides, both of whom had submitted declarations in support of plaintiffs’ motion for class certification, failed to appear at their scheduled...more

District Court Denies Motion to Compel and for Sanctions Where CFO Could Not Be Compelled to Testify on Broad Deposition Topics...

Plaintiff Stoneeagle Services, Inc. ("Stoneeagle") filed a motion seeking sanctions against Defendant Premier Healthcare Exchange, Inc. ("PHX") for failing to provide a prepared corporate representative to testify pursuant to...more

A Matter of Interpretation — Ensuring the Reliability of the Record

The memorialization of witness testimony is a process of precision. The court reporter makes a verbatim record of the questions asked and the answers given. The accuracy of the resulting transcript is the basis upon which...more

Errata sheet? We don’t need no stinkin’ errata sheet

In one scene of John Huston’s classic 1948 film “The Treasure of the Sierra Madre” a Mexican bandito tries to convince Humphrey Bogart that he and his company are Federales. Bogart’s character, Fred Dobb asks: “If you’re the...more

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more

International Depositions by Written Questions

Conducting depositions abroad by written questions can save significant time and money. It is helpful to submit the written questions and, if present, opposing counsel’s objections, prior to the deposition date so the court...more

Travel Tips for International Depositions

International depositions require seamless coordination, flawless organization, and good timing. Advanced planning and attention to detail is essential to ensure a successful outcome. When traveling internationally for...more

Planning Depositions in Spellbinding Italy

Italy is famed for her contributions to art throughout the ages (the David, the Sistine Chapel, the Mona Lisa, to name but a few), as well as her savory cuisine and the hospitality of her people. Italy’s natural beauty, from...more

Hoosier Daddy? Indiana Supreme Court Defers to Trial Court Forum Non Conveniens Decision

The imminent retirement of David Letterman sent our mind back to all those grim law school days that foreclosed any smiles until after midnight, when Letterman's velcro suit, random items heaved off a roof, and stupid pet...more

Mobile Videoconferencing in Trial

In my last blog I discussed dynamic evidence that can grab a jury’s attention. This month I’ll discuss the use of mobile videoconferencing in trial and compare it to the use of de bene esse videotaped depositions....more

Deposition Practice Tips: PTAB Guidance for Dealing With Suspected Witness Coaching

Question: What can you do when you suspect that opposing counsel engaged in inappropriate witness coaching during a PTAB deposition? Answer: Ask the witness about the suspected off-the-record discussions and call the Board...more

How Can Someone Be Deposed Twice in the Same Case?

Generally, you can’t compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule. A person whose deposition has been completed can’t be...more

Vetting Court Reporters, Videographers, and Interpreters for International Depositions

Retaining certified and highly experienced court reporters, videographers and interpreters when taking depositions abroad will save money and ensure that the proceedings run smoothly. The following questions should be asked...more

Discovery Of Reserve And Reinsurance Information Permitted In Coverage And Bad Faith Action Against Insurers

A federal district court in Colorado has denied motions for a protective order filed by the insurers in a coverage litigation where Cantex, a third-party assignee to claims against the insurers, asserts causes of action for...more

Grace Under Pressure – Professionalism and Problem Solving

It has often been said that professionalism is not the job you do, it’s how you do the job. The truth of this old adage was made especially clear recently during depositions taking place in Tokyo. Unlike depositions in most...more

Depositions: “Invoking the Rule” To Exclude Persons From Attending Depositions

Section 90.616, Florida Statutes, sets forth the procedure for excluding certain witnesses from a proceeding, referred to as “invoking the rule,” so that one witness does not potentially color the testimony of other...more

“The Good, the Bad and the Ugly”: Preparing Your Corporate Representative for Deposition

Recently, in Sciarretta v. Lincoln Nat’l Life Ins. Co., the Eleventh Circuit Court of Appeals affirmed monetary sanctions against a non-party corporation for the bad faith preparation of its designated corporate witness....more

Texas Justice Provides an Evidence Solution

Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in-hand? This article discusses a procedure...more

Attending your International Deposition by Videoconference

Attending depositions abroad can be the perfect excuse to do some sightseeing, say in Brussels or London. If you have a week or more of depositions, you can experience the local cuisine and culture, and maybe visit some...more

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