News & Analysis as of

Depositions

Plaintiff Sanctioned for Preserving Only Scanned Copy of Journal and Destroying the Original: eDiscovery Case Law

by CloudNine on

In Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017), Colorado Magistrate Judge Nina Y. Wang granted (in part) the defendant’s motion for sanctions for the plaintiff’s delay in producing a...more

4 Useful Tips for Interpretation Preparation

by Planet Depos, LLC on

Interpreting highly technical depositions is a grueling task, both mentally and physically exhausting for even the most seasoned interpreter. The best interpreters want to prepare well in advance for such depositions, to...more

Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge (Part 1)

by Wilson Elser on

Deposing your adversary’s liability expert is not only a chance to delve into the details of the expert’s opinions, but the deposition also presents a great opportunity for defense counsel to explore the sustainability of the...more

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

by Bennett Jones LLP on

The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

What To Consider When Selecting A Room For Your Video Deposition

by Planet Depos, LLC on

When setting up a video deposition, there are several important components to consider. The first order of business is determining your client’s availability, as well as that of opposing counsel. Other considerations include...more

11 Tasks That Paralegals Can Delegate To Court Reporting Firm

by Kramm Court Reporting on

Paralegals oftentimes are the engine that keeps a law firm running. They are incredibly efficient with time, resources, and know how to delegate important tasks that need to be done correctly in an expedited manner. Kramm...more

Attorneys – 8 Admonitions For Depositions

by Kramm Court Reporting on

As a court reporter, I have sat through thousands of depositions and heard thousands of variances on the admonitions attorneys give the witness at the beginning of a deposition. Many attorneys have a checklist that they use...more

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of August 13, 2017

by Carlton Fields on

Deposition Conduct - Use this against improper coaching by an opponent. IPS Group, Inc. v. Duncan Solutions, Inc., 2017 WL 3457141 (S.D. Cal. Aug. 11, 2017) (Counsel admonished for improperly using "calls for a legal...more

Helpful Tips To Make Your Mobile Videoconference Great

by Planet Depos, LLC on

Do you have an upcoming mobile videoconference? Whether it’s for a deposition, a business event, or maybe a MLB morning meeting, these tips will help you ensure your videoconference goes smoothly....more

Federal district court sanctions CFPB for deposition conduct; strikes four counts from complaint and dismisses defendants

by Ballard Spahr LLP on

A federal district court in Atlanta has granted the defendants’ motions for Rule 37 sanctions against the CFPB for its conduct in connection with the defendants’ depositions of CFPB witnesses. To sanction the CFPB, the court...more

12 Important Tips When Preparing For Videotaped Depositions

by Planet Depos, LLC on

The Planet Depos Trial Services Consultants have created a list of important tips for you when you prepare for videotaped depositions...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 31, 2017

by Carlton Fields on

Use this when the other side tries to dig up dirt on your expert. Collett v. GEICO Cas. Co., 2017 WL 3336614 (E.D. La. Aug. 3, 2017) (denying motion to compel expert witness to testify about fraud allegations that had been...more

Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings

by Jones Day on

Many attorneys have encountered an opposing party’s witness that provides very concise, supportive responses to the questions of the witness’s own attorney after a recess in a deposition. Often, these helpful responses occur...more

Petitioner is Prevailing Party Entitled to Attorney Fees Where Undisputed Evidence Proves that Writ Petition Motivated City to...

by Miller Starr Regalia on

The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and...more

Under The Public Records Act, A Losing Party May Be The Prevailing Party

by Allen Matkins on

When the California legislature enacted the Public Records Act, it declared “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”. Gov’t...more

3 Things to Know when Taking Depositions in Taipei (Updated)

by Planet Depos, LLC on

Many depositions are taken yearly in Taiwan, mainly in the cities of Hsinchu, Taichung, and Taipei, the nation’s political, economic, and cultural center. Naturally, Taipei has all the amenities necessary to comfortably host...more

8 Tips to Save Time & Money on Depositions (Updated)

by Planet Depos, LLC on

Who isn’t trying to be more economical these days? It seems everyone is tightening their belts just a bit. Law firms are no different, trying to cut costs for frugal clients looking for any expenses they can cut. ...more

Appeal Held Moot and Dismissed By Court of Appeals

by LeClairRyan on

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were...more

Gearing Up for Battle - How to Prepare Your Deposition Witness Effectively

by JD Supra Perspectives on

When a witness' deposition has been noticed, it is important to educate the witness first about what to expect and what a deposition is. These are a few key pieces of information to share with a deponent and help set her...more

Seyfarth Shaw Submits Comments On Needed Reform To Rule 30(b)(6)

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth Shaw submitted comments to the Federal Advisory Committee on Civil Rules regarding needed reform to Rule 30(b)(6), the rule that governs depositions of organizations in federal litigation. ...more

5 Client Deposition Preparation Tips

by Planet Depos, LLC on

You have heard it many times: failure to plan means planning to fail. Depositions sometimes offer a poignant example of this maxim. Many lawyers schedule a deposition and do nothing more than notify their client of when...more

5 Keys to Coordinating International Depositions (Updated)

by Planet Depos, LLC on

Coordinating international depositions can be an expensive, time-consuming process. Working with a court reporting firm experienced in international depositions greatly reduces the time and expense law firms would encounter...more

Maine Court Declines to Follow Textron; Work Product Rule Protects Tax Accrual Work Papers

by Pierce Atwood LLP on

In a well-reasoned decision, Maine Superior Court Justice Michaela Murphy refused to grant the State Tax Assessor’s motion to compel deposition testimony relating to the taxpayer’s tax accrual (FIN 48) work papers and related...more

Tips For Telephonic Depositions For Attorneys & Court Reporters

by Kramm Court Reporting on

Everyone is looking for opportunities to save costs these days in litigation. Many attorneys are choosing to take depositions telephonically so as to not incur travel costs and to save travel time. Here are some ideas on how...more

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