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The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern...more
Minnesota Rule of Civil Procedure 30.02 has been amended to expressly authorize parties to conduct depositions via remote technology and require a party seeking to take a deposition to elect between deposing in-person or...more
The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more
As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more
This guide provides legal professionals with an overview of how to prepare for and conduct remote depositions in a world that is increasingly adopting hybrid and virtual work environments. By using these best practices,...more
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
Massachusetts appears poised to become the latest jurisdiction to permanently embrace — and regulate — the practice of conducting pretrial discovery with remote depositions. A public comment period recently closed on a...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
This post is addressed to the attorney who has properly noticed the deposition of an opposing party for but, for some reason, the intended deponent has failed to appear at the appointed time and place. A basketball metaphor...more
When the US began to shelter in place, the wheels of litigation came to a grinding halt and decades-old practices suddenly were in question. Remote depositions used to go forward in places like Tahiti. Now, a remote...more
Uncertainty continues to loom over the M&A market as organizations that were actively involved in transactions before the COVID-19 pandemic assess risks stemming from reduced valuations, condensed financing options, the...more
On July 10, 2018, the PTAB informed the patent bar that they designated five decisions as informative for: issue preclusion; use of and versus or when referencing lists; DJ bar for joinder cases; depositions in foreign...more