Depositions

News & Analysis as of

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

District Court Denies Motion to Present Live Video Testimony at Trial

In this patent infringement action, defendant Dynamic Drinkware, Inc. ("Drinkware" or "Defendant") filed a motion to permit it to present live video testimony at trial, or, in the alternative, to take the deposition of a...more

Protect Yourself by Learning About Your Family’s Finances

All too often, clients enter the divorce process with little or no knowledge about the family’s bank and investment accounts, stocks, retirement assets, ownership of real property, and debt. If you recognize that you and your...more

Another Court Deals with Rule 30(b)(6) Depositions

Under Fed. R. Civ. P. 30(b)(6), corporations must designate a witness to testify about the corporation's knowledge. Surprisingly few courts have reconciled this requirement with the common if not universal role that lawyers...more

Taking Depositions: Handling the No-Show Deposition

Editor’s Note: Here at The Bankruptcy Cave, we love insolvency stuff; we eat it for breakfast and dream about it at night. (We are not kidding.) Sometimes that includes credit-related litigation, and so we keep our...more

When Must Executives Testify in Corporate Litigation? Wisconsin Judge Provides Insight

When can top executives in large corporations and other organizations avoid testifying in litigation involving the organization? Under a recent ruling by Federal Judge William Conley of Madison, the answer turns, in part, on...more

Court Reporters and Legal Videographers – What is the Witness’ Name?

Court reporters have the responsibility of getting the names of deponents, witnesses in court, and attorneys. It might be surprising, but getting the spelling of a witness’ name can be challenging....more

Witnesses — Tell The Truth or Risk Being Prosecuted for Perjury

In a kind of bizarre turn of events, a woman in Houston, who testified about her duties in an FLSA misclassification case, was convicted for perjury. That’s right—she has pled guilty for testifying under oath that she...more

Court Reporting – What’s it Really all About?

Why is court reporting such an underrated profession? I think one of the main reasons is that the general public is both uninformed and misled. Here are just a few mistaken beliefs of the court reporting world....more

Major Changes to the Commercial Division Rules and What They Mean for New York Litigants

For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more

Court Reporting in Popular Culture

As a new employee here at Planet Depos, I’ve learned a lot in the last few weeks. Before I took this position I knew very little about court reporting. I am an avid Law and Order SVU fan, so I was aware of court reporters...more

No Depositions Allowed

There are countries that do not allow the taking of depositions. Brazil, for example, does not permit the taking of depositions by foreign persons and considers such an act a violation of Brazil’s judicial sovereignty....more

Avoid International Travel Nightmares En Route to your International Depositions

Travel can be hectic, even horrific, at times. Flight delays, cancellations, lost luggage, etc., can frazzle even the most seasoned globetrotter. There are steps you can take to lessen the impact of these possible...more

Defendants' Motion Seeking to Depose Opposing Counsel Denied Where Defendants Could Not Show That Information Was Unavailable from...

After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff's...more

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

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