Witnesses

News & Analysis as of

Follow the Paper “Trial” – Proposed Commercial Division Rule Seeks to Replace Direct Testimony with Affidavits

The New York Supreme Court’s Commercial Division Advisory Council has recommended a rule that it believes would substantially expedite non-jury trials and facilitate cross examination with no adverse effects. According to the...more

Tips for Dealing with a Difficult Deponent

If you take depositions, it’s inevitable that you’ll encounter deponents who are difficult to question. In addition to maintaining a professional manner, consider using one or more of the following strategies, based on the...more

Court Says Auf Wiedersehen To Plaintiffs Under Forum Non Conveniens

We generally file motions to dismiss for forum non conveniens under one of two circumstances. Most often we are resisting blatant forum shopping—plaintiffs who try to import their claims into a forum that they view as...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

Scheduling International Depositions of an Unwilling Witness, Part Two: Letters Rogatory

In a previous blog, letters of request were discussed as a means of deposing an unwilling witness. Letters of request, however, can be used only if both the requesting authority and the granting authority are parties to The...more

Help, Domestic Violence Restraints were Filed Against Me—and I didn’t do it!

The New Jersey Prevention of Domestic Violence Act serves an enormously important function to protect abused individuals. However, the protections of the Act can be misused in a divorce or custody litigation to evict someone...more

Really Listen to the Witness

It sounds obvious: You should always listen carefully to the witness during cross-examination. But listening means more than just hearing the words actually said. Ideally, your listening will go well beyond that, which can...more

Scheduling International Depositions of an Unwilling Witness, Part One: Letters of Request

One of the first things to consider when coordinating an international deposition is determining if the witness is willing to be deposed. In the event a witness is unwilling to be deposed and must be compelled to do so, you...more

Back On The Butcher’s Block: Court Chops Down Meat Packing Employer’s Witness List In EEOC Religious Discrimination Case

In a pair of EEOC religious discrimination cases brought in Nebraska and Colorado against meat packing company JBS USA, LLC (which we have blogged about here, here, here, here, here, and here), the lawsuits alleged that JBS...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

Big Win for Consumers against Midland Funding in Arizona Court of Appeals

Recently I had the privilege of arguing a debt collection case on behalf of a client against Midland Funding. The case was heard by the Arizona Court of Appeals and had to deal with one of the big issues when it comes to...more

Difficulties for witnesses or strong connection with another jurisdiction not grounds for resisting arbitration agreement

In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in providing witness evidence or on...more

Back to basics... The Scottish Civil Justice System

Scotland has its own civil justice system, which differs significantly from that in England and Wales both in terms of process and terminology. It is important for businesses which operate in Scotland, particularly those...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

Florida Court Reverses Dismissal After Trial Judge Improperly Excludes Bank’s Trial Witness, Dismisses Case

In OneWest Bank, FSB v. Gino Alessio, et al., 4D14-1444 (Fla. 4th DCA Jan. 6, 2014), the Fourth District Court of Appeal reversed a trial judge’s order dismissing a foreclosure after the defendant improperly used a motion in...more

Court Disqualified Attorney Where Attorney Would Testify As Witness

In Matthews v. Stolier, litigation arose regarding several transactions, including a power of attorney document. No. 13-6638, 2015 U.S. Dist. LEXIS 171752 (D.C. La. December 23, 2015). Some of the parties retained an attorney...more

Know When to Cross-examine and Know When to Pass

There’s a time-honored “rule” that, if a witness hasn’t hurt your client’s case, don’t cross-examine the witness, just stay seated. But whether this injunction makes sense depends on the strength of your case and the...more

Employees Participating in Court Proceedings May Have Protection

My colleague, Jarad Lucan (who just won a New Leader of the Law award from the Connecticut Law Tribune!) returns today with a post about the protections employees who testify in court may have. Most employers (at least...more

21 Things to Tell Your Testifying Witness

Before your friendly witness is called to the stand, you should go over some general guidelines with him or her. This is particularly true of inexperienced witnesses, but it can’t hurt to review these admonitions even with...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

The Asia-Pacific Investigations Review 2016

It goes without saying that wrongful conduct in a corporate setting can have drastic and irreparable legal, commercial and reputational consequences for the individuals and entities involved. Internal investigations, which...more

Securities Class Action Defense Counsel Selection: An Interview Process is Essential

When a public company purchases a significant good or service, it typically seeks competitive proposals. From coffee machines to architects, companies invite multiple vendors to bid, evaluate their proposals, and choose one...more

Witnesses in Arbitration – California Arbitration Act (Part I)

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

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