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Witnesses Discovery

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

IMS Legal Strategies

Want to Improve Credibility? Embrace Your Witness’s Humanity

IMS Legal Strategies on

In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more

U.S. Legal Support

Creating an Expert Deposition Summary

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When preparing for trial, depositions play a foundational role, critical to the discovery phase. After the deposition, having a succinct, accurate deposition summary is a strategic component of developing and refining case...more

EDRM - Electronic Discovery Reference Model

An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in...

I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more

U.S. Legal Support

Lawyer’s Guide: Deposition vs. Trial Testimony

U.S. Legal Support on

The testimony given at a deposition vs. testimony during a trial have a lot in common. They’re both sworn under oath, under penalty of perjury, and part of official court records.  There’s a longer list, however, of how they...more

U.S. Legal Support

Interrogatory vs. Deposition: Discovery Comparison

U.S. Legal Support on

The discovery phase is often the most critical component of legal work, leading 95% of civil cases to a settlement negotiation instead of a courtroom trial. Given this, how information is collected from potential witnesses is...more

U.S. Legal Support

AI’s Role in Deposition Preparation & Analysis

U.S. Legal Support on

There’s no denying it—artificial intelligence is changing the legal landscape. Generative AI and the use of machine learning promise to boost efficiency and reduce prep time through multiple phases of litigation.  For...more

Esquire Deposition Solutions, LLC

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more

Esquire Deposition Solutions, LLC

Skeptical Magistrate Rebuffs Demand for In-Person Deposition

If we can do weddings, funerals, healthcare, work, and trials via videoconference, surely we can do the same with depositions. And with that closing remark, a federal magistrate judge summarily dispatched one litigant’s...more

Esquire Deposition Solutions, LLC

Deposing the Terminally Ill Litigant

Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate....more

EDRM - Electronic Discovery Reference Model

Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video

Can a witness authenticate a video if the video contains images that the witness did not see?  In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

Husch Blackwell LLP on

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

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Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

EDRM - Electronic Discovery Reference Model

Lawyer Refused to Appear on Camera in Virtual Deposition

In Client escapes sanction for lawyer’s refusal to appear on camera in Zoom deposition (abajournal.com)(Jan. 25, 2024,), Debra C. Weiss reported on Agnone v. Agnone, 2024 WL 242488 (Cal. App., 2d Dist., Jan. 23,...more

EDRM - Electronic Discovery Reference Model

If You’re Going to Coach a Witness and Misrepresent it to the Court, Turn Off the Recorder

In Hernandez v. La Fortaleza, Inc., 2024 WL 65217 (N.J. Super. Ct. App. Div. Jan. 5, 2024)(per curiam), plaintiffs’ slip and fall claim was dismissed with prejudice, and attorneys’ fees were also awarded, due to improper...more

Planet Depos, LLC

Mobile Videoconferencing (MVC): 10 Tech Tips for a Better Experience (Updated)

Planet Depos, LLC on

Remote depositions and hearings through a videoconferencing platform, such as Zoom or WebEx, have been happening for some time. Do you have one coming up?...more

Axinn, Veltrop & Harkrider LLP

When Disclosure Isn't Disclosure

A patent challenger identified a witness as a person with relevant knowledge in Rule 26(a) disclosures and interrogatory responses, and the patentee deposed the witness. Surely the witness can testify at trial, right? The...more

Esquire Deposition Solutions, LLC

Preparing Witnesses for Today’s Remote Depositions

Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over...more

Shook, Hardy & Bacon L.L.P.

30(B)(6) Preparation Tips

30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more

Esquire Deposition Solutions, LLC

How to Navigate Common Remote Deposition Trouble Spots

Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

Polsinelli on

From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

Planet Depos, LLC

Best Practices for Creating a Clear Record (Updated)

Planet Depos, LLC on

Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. We’ve polled hundreds of court reporters with thousands of reporting hours under...more

Roetzel & Andress

Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

Roetzel & Andress on

The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing...more

Planet Depos, LLC

7 Handy Tips for Scheduling a Deposition, Including Remote Depositions! (Updated)

Planet Depos, LLC on

The process of scheduling a deposition can have several moving pieces, from counsel’s and the witness’ schedules to arranging for a court reporter, videographer and/or interpreter. And then there’s finding an appropriate...more

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