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Witness Statements

Holland & Knight LLP

Podcast - Refresh vs. Impeach: Know the Difference

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic...more

Holland & Knight LLP

Podcast - Impeaching with a Deposition

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more

McDermott Will & Emery

Credibility at Issue? Court May Compel Party Representative to Appear In Person

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Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s...more

Nextpoint, Inc.

How to Use Deposition Transcripts to Build Your Case Story

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Use the right tools to analyze your deposition transcripts and build a winning case story. As we mentioned in Part 1, there are many important tasks and responsibilities involved in a litigation matter, but telling a...more

Lippes Mathias LLP

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

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The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the...more

Stark & Stark

What is Undue Influence in the Context of a Will Contest?

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During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...more

Esquire Deposition Solutions, LLC

Lawyer Who Admitted Coaching Deposition Witness Escapes With Reprimand

An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers....more

Troutman Pepper

Pro Hac Vice, Ye Be Warned: A Cautionary Tale to Out-of-State Attorneys and Their Local Counsel

Troutman Pepper on

On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more

Rodemer Kane Attorneys at Law

What Happens If A Domestic Violence Victim Doesn’t Show Up For Court

Misconceptions and false truths permeate the realm of domestic violence court proceedings, muddying the waters and obscuring the true nature of these vital legal processes. One such misconception revolves around the mistaken...more

Butler Snow LLP

“Oh, Do I Have a Story for You…”

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I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so...more

Stark & Stark

So You’re Going to Get Deposed? Essential Tips for the New Deponent

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Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to...more

IMS Legal Strategies

Witness Prep Goals, Credibility Factors, & Juror Comprehension – Episode 54

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more

Awatif Mohammad Shoqi Advocates & Legal...

In Brief: Rights And Duties Of A Witness In The UAE

One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the UAE, witnesses are governed according to: •Federal Decree-Law No. 35 of 2022, on Promulgating the Law of Evidence in...more

Rodemer Kane Attorneys at Law

If The Victim Doesn’t Show Up For Court, Will Your Domestic Violence Case Be Dismissed?

The state of Colorado takes a strong stance against domestic violence and recognizes its devastating effects on individuals, families, and communities. Colorado's domestic violence laws are strict in order to protect victims...more

Akin Gump Strauss Hauer & Feld LLP

Witness Testimony Regarding Intent to Infringe Excluded Because Defendant Refused Such Discovery Based on Privilege

The U.S. District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business understanding” regarding infringement because the defendant previously...more

Latham & Watkins LLP

High Court Confirms Nuanced Approach to Waiver of Privilege

Latham & Watkins LLP on

A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more

Esquire Deposition Solutions, LLC

Deposition Testimony Fell Short of Proving Fraud Against Insurer

A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a...more

Roetzel & Andress

Limited English, Limited Defenses (Potentially…)

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The U.S. court system has long recognized the difficulty with equal access to justice when an individual with limited English proficiency appears in a U.S. court. Therefore, courts across the country now require that...more

Cooley LLP

Courts continue to deter satellite litigation on witness statements

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Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them. This...more

Holland & Knight LLP

Exploring the "Sham Affidavit" Doctrine in Trade Secret Case Relating to Side-Switching Employee

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Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more

Esquire Deposition Solutions, LLC

Depose Witnesses Early or Risk Losing Their Testimony, Experts Say

Last week’s blog post on celebrity misbehavior during depositions made the point that deponents who answer uncomfortable questions with civility, humility, and honesty have the best chance for a successful outcome....more

Nelson Mullins Riley & Scarborough LLP

The Scrivener: When is a question not a question?

At an evidence CLE at the South Carolina Bar Convention in Greenville this year, a judges’ panel discussed a hearsay issue, raising the issue of whether a witness’s out-ofcourt utterance—which was in the form of a...more

Proskauer - Minding Your Business

New York Broadens the Scope of Admissible Employee Statements

In a seismic change to its evidentiary jurisprudence, New York recently enacted legislation that significantly broadens the admissibility of statements made by a party’s agent or employee....more

K&L Gates LLP

Litigation Minute: Obtaining Information After the Close of Discovery

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that...more

Esquire Deposition Solutions, LLC

Preventing Witness Coaching During a Remote Deposition

Remote depositions raise unique challenges for litigators, foremost among them the need to ensure the integrity of the deponent’s testimony. In a typical remote deposition scenario, where the attorney taking the deposition is...more

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