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Witness Statements Witnesses

Cooley LLP

Sanctions Imposed on Non-Compliant Trial Witness Statements

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Fulstow & Another v. Francis should serve as a reminder of the court’s willingness to sanction parties severely for failing to comply with the procedural rules relating to trial witness statements....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

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

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

Latham & Watkins LLP

High Court Confirms Nuanced Approach to Waiver of Privilege

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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

Cooley LLP

Courts continue to deter satellite litigation on witness statements

Cooley LLP on

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

K&L Gates LLP

Litigation Minute: Obtaining Information After the Close of Discovery

K&L Gates LLP on

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

A&O Shearman

Reforms to witness statements (PD 57AC): sense, finally, after a century of psychological research; or, a triumph of form over...

A&O Shearman on

In 1995, Elizabeth Loftus and Jacqueline Pickerell published a paper showing that it was possible to implant an entire false memory of something that never happened. In one of the first successful cases of memory...more

K&L Gates LLP

Changes are Coming in Trial Witness Statements in the UK Business and Property Courts

K&L Gates LLP on

In just over a month, major changes will be introduced to the way trial witness statements are to be prepared in the Business and Property Courts. In this alert, we consider the rationale for these changes brought in by...more

Latham & Watkins LLP

Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege

Latham & Watkins LLP on

Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more

Holland & Knight LLP

Podcast - Listen for the Song in Your Witness' Head

Holland & Knight LLP on

In the latest episode of his "Powerful Witness Preparation" podcast series, Listen for the Song in Your Witness’ Head, litigation attorney Dan Small shares how to bridge the disconnect between what a lawyer believes their...more

Holland & Hart - Your Trial Message

Assess Whether Your Witness Is Able to Counterpunch

Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to...more

Holland & Knight LLP

Podcast: What is a Deposition?

Holland & Knight LLP on

In the latest episode of his "Powerful Witness Preparation" podcast series, What is a Deposition, litigation attorney Dan Small clears up any confusion surrounding what a deposition actually is. He explains that the...more

Holland & Hart - Your Trial Message

Ask Your Online Witness About Their Off-Camera Resources

So you’re conducting a deposition or cross-examination: Where is the witness? Are they right there in the room with you, or are they many miles away in a room with their computer? With the pandemic still raging across the...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Holland & Knight LLP

Podcast: Witness Preparation is Okay

Holland & Knight LLP on

In the latest episode of his "Powerful Witness Preparation" podcast series, Witness Preparation is Okay, litigation attorney Dan Small shares how to overcome the misconception that preparing for trial is cheating the system....more

Holland & Knight LLP

Podcast: Bridging the Gap

Holland & Knight LLP on

In the latest episode of his "Powerful Witness Preparation" podcast series, Bridging the Gap, litigation attorney Dan Small shares how to overcome the difficulties of bridging the gap between normal conversation and...more

Holland & Knight LLP

Podcast - Rule 6: If You Don't Remember, Say So

Holland & Knight LLP on

In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...more

White & Case LLP

Witness Conferencing: new CIArb Guidelines

White & Case LLP on

Witness conferencing, a process whereby two or more witnesses give evidence simultaneously, is increasingly popular in international arbitration. Despite this, there has until now been very little practical guidance on the...more

Holland & Hart - Your Trial Message

Beware of Nonverbal Pseudoscience

The witness on the stand pauses before answering, then looks briefly up and to the right while giving a response. While listening to the next question, she places a finger over her lips, angles her head slightly, and raises...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2018: PTAB AIA Proceeding Deposition Strategy

Depositions are an important, yet sometimes overlooked, part of AIA proceedings, such as inter partes review (“IPR”) trial proceedings. It is important to understand that IPR depositions differ in significant ways – both in...more

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