News & Analysis as of

Witness

Preparing for Depositions in Finland! (Updated 2017)

by Planet Depos, LLC on

Finland is an enviable destination for depositions. First of all, there is plenty of coffee! Finns drink more coffee than any other nation in the world. No one will have any issues remaining alert through a deposition in...more

Changing Times: Taking Depositions in Cuba

by Planet Depos, LLC on

It’s time to face facts – the geopolitical landscape is changing. From BREXIT to the election of Donald Trump as the 45th President of the United States, both of which came as a shock to people around the world, it’s...more

Employee's Right to a Witness

by Nexsen Pruet, PLLC on

Like a tennis match, an employee’s right to a witness during an employer’s investigatory interview has bounced back and forth over the years. This month the National Labor Relations Board confirmed that a non-union employee...more

“Safety Engineering Letter of Opinion” dealing with OHSA obligations disallowed by court in civil lawsuit

by Dentons on

A “Safety Engineering Letter of Opinion”, styled as an “expert report” and covering Occupational Health and Safety Act obligations, was struck and its author was prohibited from testifying at the trial of a civil lawsuit....more

Five Considerations When Taking Depositions in Japan

by Planet Depos, LLC on

Depositions in Japan involve a few extra logistical details. With proper planning and adequate lead time (at least 6 weeks, generally speaking), the following five special requirements mustn’t be a barrier to successful...more

“Take Note,” Court Reporters!

by Planet Depos, LLC on

The National Court Reporters Association recently launched its 2016-2017 ‘Take Note’ Challenge. The competition started on August 8th and will run through February 18th, 2017. The friendly challenge invites state court...more

Checklist for Depositions in Japan

by Planet Depos, LLC on

As mentioned in previous blogs, there are extra steps involved when scheduling depositions in Japan. In the interest of assisting paralegals maintain well-organized information regarding all things related to international...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

This Evidentiary Privilege May Stop At The Border

by Allen Matkins on

Unlike other states, California’s rules of evidence are found in statutes, not court rules.  This is not simply a legal curiosity.   The statutory basis of California’s “rules” of evidence have real world implications....more

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

by Butler Snow LLP on

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

Live Testimony for Fact Witness Can Be Appropriate at IPR Oral Hearing

With the Patent Office considering changes to inter partes review practice to potentially increase the use of live testimony at oral hearings, it is worth reviewing the first case in which the Board allowed such live...more

Hypothetically Speaking, Mr. Insurance Commissioner, There Is No Need To Answer

by Carlton Fields on

A recent case pitted two State of Florida agencies involved in insurance regulation against one another, and resulted in a decision by the appellate court that the Insurance Commissioner could not be compelled to appear as a...more

Witness Coaching: Blurred Lines

by Carlton Fields on

The Rules of Professional Responsibility speak to the ethical boundaries for a lawyer’s conduct in connection with witness preparation only indirectly. Rules 1.1 and 1.3 describe competence, diligence, and zeal; and Rule 3.3...more

Admitting corporate records under the Business Records Exception to the Hearsay Rule: Lessons from Florida

The party who seeks to utilize the Business Records Exception must come to trial with a witness who is competent and prepared to lay an appropriate foundation. Introduction - Under the Federal Rules of Evidence...more

Counsel May Confer with a Witness Between Cross-Examination and Re-Cross, but the Witness Might Be Re-Crossed on the Substance of...

by McDermott Will & Emery on

Organik Kimya AS v. Rohm and Haas Co. - In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end...more

Failure to Make A Third Party Witness Available May Result In The Testimony Being Ignored

In the Mexichem Amanco Holdings S.A. de C.V. v. Honeywell International, Inc., the Patent Owner moved for additional discovery to depose a third party witness whose declarations were relied upon by Petitioner in its Reply to...more

Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests

by Dentons on

Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision...more

The Federal Victim-Witness Act

by Pullman & Comley, LLC on

If you or someone you know has been the victim of a crime, or if you have been called to testify before a federal grand jury or trial, you may have questions about what you can expect as a case works its way through the...more

White Paper: Time Limits for Witness Depositions

by Low, Ball & Lynch on

In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets a seven hour maximum time limit for the...more

Are Confidential Witness Reforms Looming On The Horizon? Can The Plaintiff’s Bar Stop Them?

A decision is expected shortly in the highly publicized so-called confidential witness “scandal” involving the Robbins Geller Rudman & Dowd law firm. Judge Suzanne B. Conlon of the United States District Court, Northern...more

When Your Employees Go to Court – Witness Duty

This post continues the discussion of employees absent from work for attendance at court. As a general proposition, employees who appear in court for their own cases, or on behalf of others, are not excused from work. They...more

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

by Cozen O'Connor on

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more

Strategies In Class Action Engagement: Third-Party Depositions

by Carlton Fields on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff's Case Denied Because...

As this patent infringement action proceed toward trial, plaintiff Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark") filed a request with the district court on an "extremely time-sensitive case management issue concerning the...more

The CFTC Charges Civil Perjury, Even After the Witness Comes Clean

According to a recent case, a witness in a Commodity Futures Trading Commission (CFTC) investigation could be similarly condemned to oblivion – or at least enforcement action and a hefty fine – for giving false testimony,...more

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