Last month, the Supreme Court of Texas proposed new Texas Rule of Civil Procedure, 201.3, that “would adopt the Uniform Interstate Depositions and Discovery Act,” commonly known as the UIDDA. ...more
Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more
In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more
On April 1, 2025, the Civil Rules Review (CRR) Working Group published its Phase 2 Consultation Paper (Paper) outlining its proposed framework for revamping Ontario’s Rules of Civil Procedure (Rules). If implemented, this new...more
Georgia has enacted the most comprehensive tort reform legislation the state has seen in nearly 20 years. Passed during the 2025 Georgia legislative session, the legislation impacts multiple aspects of Georgia tort...more
The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court...more
Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications,...more
Everything is bigger in Texas. Even pretrial discovery rules, which permit depositions to be taken merely for the purpose of investigating whether a lawsuit should be filed. No state is more permissive when it comes to...more
The start of the new year has brought changes to Florida’s civil practice. In June 2024, the Florida Supreme Court issued proposed amendments to the state’s Rules of Civil Procedure, which we covered here. After the comment...more
On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...more
The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more
January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases...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
On January 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency, impact the setting of cases for trial, case management, discovery practice,...more
The Florida Supreme Court (Court), on its own motion, adopted amendments to the Florida Rules of Civil Procedure (Rules) earlier this year. Interested persons were given time to file comments and, upon consideration of those...more
In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more
Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration....more
On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law...more
In Grigsby v. United States, the Justice Department used discovery procedures in federal district court essentially to audit a taxpayer’s federal income tax credits for research activities. The court found that the taxpayer...more
A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more
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
The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
We’ve written previously about sanctions that trial courts can impose on parties that, for no good reason, fail to appear for a properly noticed deposition. Courts are understandably impatient with parties that throw sand in...more