Podcast - Impeaching with a Deposition
LFLM LAW with L.A.W - Depositions in Workers' Compensation
The New Playbook for Depositions - Speaking of Litigation Podcast
What to Do When an Employee Receives a Subpoena
Podcast - Ethical Deposition Conduct
Facing a Deposition: Tips and Strategies
Podcast: What is a Deposition?
Sitting with the C-Suite: Trial Prep as a Launchpad for Services
Webinar: Conducting Depositions Online: What You Need To Know To Execute The Process Successfully And Legally
Butler's Thursday Tips #3 | Organization Matters
Podcast: Bridging the Gap
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Podcast - Rule 6: If You Don't Remember, Say So
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
5 Ways to Defeat Deposition Abuse
Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances...more
After the COVID-19 pandemic shook the world in early 2020, many industries pivoted to conducting business in ways that reduced or eliminated face-to-face interactions. Fortunately, with internet capability generally...more
There are four main ways to conduct a pretrial deposition in modern law practice: the deposition by written question, the in-person deposition, the remote deposition, and the hybrid deposition. Each has its strengths and...more
In a sign that civil trial practice hasn’t entirely emerged from the COVID-19 pandemic, a federal magistrate judge recently granted two college students’ request for a protective order blocking the University of San Diego’s...more
Blog posts addressing the devastating threat of financial and reputational harms from ransomware attacks were the well-read communications that Esquire Deposition Solutions published in 2022. Blog posts on ransomware attacks,...more
During the Infinity Tower litigation, U.S. Legal Support worked to ensure everyone was prepared and comfortable to keep litigation moving forward. After the onset of the COVID-19 pandemic in March 2020, U.S. Legal Support...more
The story of how the legal profession embraced technology almost overnight in order to keep the justice system functioning through the COVID-19 pandemic is by now a familiar one. Just as Dorothy discovered in The Wizard of Oz...more
We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more
Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
In-person depositions are on the rise again, but remote depositions are here to stay. Even though remote depositions are no longer the only option, they remain a very convenient and increasingly efficient option. As a Planet...more
Last time, I discussed one of our favorite judges to cover on the EDRM monthly case law webinar: Illinois Magistrate Judge Jeffrey Cole, who pulls no punches when it comes to how he views lack of cooperation and other...more
A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with...more
If you’ve tried to secure a court reporter recently for your litigation but have struggled to schedule one, you’re not alone. Last month, Jim Cudahy, former executive director of the National Court Reporting Association...more
Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more
A prior post looked at two recent trial court rulings involving claims that witness coaching had occurred during a remote deposition, making the point that litigators can protect their clients against witness coaching by...more
As the United States emerges from a prolonged period of remote legal proceedings and reduced in-person interactions to minimize the transmission of COVID-19, many litigators are weighing the desirability of in-person...more
A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once,...more
Remote depositions became more prevalent during the midst of the COVID-19 pandemic. But when court reporters refused to use video to record depositions because they were not certified to do so, some attorneys took the job...more
As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises as to which, if any, practices initially born out of necessity, but no longer so, should continue to be utilized. One such...more
The use of remote depositions has spiked since COVID-related restrictions altered the landscape in early 2020, and many have predicted that this is the “new normal” for deposition practice. While the remote deposition is a...more
For litigators, representing clients during the COVID-19 pandemic has meant developing the skill to effectively conduct a remote deposition. With few courts willing to wait for the day when in-person depositions could safely...more
The American Bar Association’s Litigation Section recently gathered two experienced virtual advocates and one judge to discuss their experiences handling remote depositions and virtual trials during the COVID-19 pandemic. The...more
Like all aspects of business, COVID-19 has also impacted the legal discovery process. The discovery process in a lawsuit is generally comprised of written discovery (interrogatories and requests for production of documents)...more
Historically, face-to-face depositions have been the norm in litigation. Even as technology has advanced over the last several decades, ushering the world into the internet age, legal practice has clung to tradition. In the...more
A little over a year has passed since the COVID-19 pandemic caused the legal world to look towards remote depositions as an option to move litigation matters forward. In the months that followed the initial shift, I wrote two...more