News & Analysis as of

Witnesses

The Dead Man's Act - Staying Alive And Well

by SmithAmundsen LLC on

Numerous states have enacted statues (commonly known as the Dead Man’s Act 735 ILCS 5/8-201 in Illinois) aimed to remove temptations of a survivor to testify regarding matters that cannot be rebutted because of the death of...more

Congressional Investigations Alert - October 2017

House Passes Resolution to Expand Congressional Subpoena Power and Demand Extraordinary Compliance from its Targets - Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more

Using Lay Witnesses To Combat Experts: Taking A Knife To A Gun Fight?

by Bryan Cave on

Expert witnesses can be expensive. Yet, in estate disputes, they may be unavoidable. When a will gets challenged based on an alleged lack of testamentary capacity or undue influence, you can all but guarantee that the...more

When Is a Will Valid in California?

by Downey Brand LLP on

Although much wealth passes today through trusts and beneficiary designations, we occasionally handle California probate disputes that turn on the validity of wills, sometimes involving high value estates....more

Where There’s a Will There’s a Way?

by Pessin Katz Law, P.A. on

On August 25, 2017, Maryland’s highest court, the Court of Appeals (the “Court”), visited issues arising from the statute providing for the valid execution, particularly attestation, of a Maryland will based on a statute that...more

Circuit Denies Protection to Hallway Conversation Between Co-Defendants, Highlighting Limits of JDAs

A Joint-Defense Agreement (JDA) can be an extremely valuable tool in coordinating defenses against pending or impending prosecution, as it formalizes the creation of a zone of privilege in which co-defendants and their...more

The Treating Physician: Entitled to Expert Witness Fees at Trial?

When is a treating physician considered an expert witness and therefore entitled to expert witness fees when he testifies at trial? Apparently, the Florida District Courts of Appeal have formulated the typical lawyer response...more

Potential Topics for Your 30(b)(6) Witnesses: eDiscovery Best Practices

by CloudNine on

I was talking to a client the other day about having to prepare their 30(b)(6) witness for a case, so I thought I’d revisit this topic… When it comes to questions and potential issues that the receiving party may have...more

Seyfarth Shaw Submits Comments On Needed Reform To Rule 30(b)(6)

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth Shaw submitted comments to the Federal Advisory Committee on Civil Rules regarding needed reform to Rule 30(b)(6), the rule that governs depositions of organizations in federal litigation. ...more

Day 12 of One Month to Better Investigations and Reporting-The Witness Interview

by Thomas Fox on

What are the characteristics of a good interview in the context of an internal investigation? Is there one technique you can use which will provide you the results you want to achieve? How should you think through your...more

U.S. Witnesses Are at Risk in UK Proceedings: 3 Ways to Protect Your Client

by Kobre & Kim on

Given the differences between the U.S. and UK’s standards for preparing witnesses, the oral evidence that a U.S. witness gives in a UK court is particularly vulnerable to attack and subjugation by a UK judge or opposing...more

A Guide to Corporate Internal Investigations

by Goodwin on

In-house teams at public and private companies are confronted almost daily with evidence or allegations of potential internal wrongdoing. These scenarios may vary widely in severity and magnitude—from notification of a...more

New Qatar Arbitration Law - March 2017

by Hogan Lovells on

On 16 February 2017, Qatar adopted a new arbitration law (Law No. 2 of 2017) promulgating the Law of Arbitration in Civil and Commercial Matters (the "Qatar Arbitration Law"). This supersedes the arbitration chapter contained...more

Commercial Division Disqualifies Attorney Acting in a Dual Role Pursuant to Advocate-Witness Rule

In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more

Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial

by Carlton Fields on

From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more

Court Affirms Finding That Will Was Lost And Not Revoked

by Winstead PC on

In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet. history). This case was...more

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

by Burr & Forman on

Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

In Top “Form” – The NY Commercial Division’s Continuous Efforts to Increase Efficiency and Reduce Litigation Costs

As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more

The A++ Forms and Resources–Defending Depositions, Prepping Your Witness, Practical Tips and Key Errors to Avoid

by Bryan Cave on

Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more

Courts Wrestle with Work Product Protection for Interview-Related Documents: Part IV

by McGuireWoods LLP on

Courts take widely varying and sometimes seemingly illogical approaches to work product protection for litigation-motivated witness interview-related documents, such as transcripts, notes, reports, statements, and affidavits....more

New York Appellate Division Strongly Supports In-House Law Firm Privilege Claim

by Holland & Knight LLP on

In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more

Follow the Paper “Trial” – Proposed Commercial Division Rule Seeks to Replace Direct Testimony with Affidavits

The New York Supreme Court’s Commercial Division Advisory Council has recommended a rule that it believes would substantially expedite non-jury trials and facilitate cross examination with no adverse effects. According to the...more

Court Says Auf Wiedersehen To Plaintiffs Under Forum Non Conveniens

by Reed Smith on

We generally file motions to dismiss for forum non conveniens under one of two circumstances. Most often we are resisting blatant forum shopping—plaintiffs who try to import their claims into a forum that they view as...more

Petitioners that Rely on Deposition Testimony to Establish that a Publication Qualifies as Prior Art should be Prepared to Produce...

by Reed Smith on

Routine discovery in review proceedings authorizes cross examination of affidavit testimony. 37 C.F.R. § 42.51(b)(1). If a petitioner submits affidavit testimony to prove that a publication qualifies as prior art, the...more

Scheduling International Depositions of an Unwilling Witness, Part Two: Letters Rogatory

by Planet Depos, LLC on

In a previous blog, letters of request were discussed as a means of deposing an unwilling witness. Letters of request, however, can be used only if both the requesting authority and the granting authority are parties to The...more

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