Podcast - Part II: The Do’s and Don’ts of Demonstratives
Understanding Discovery in Commercial Litigation
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Preparing for Deposition Success
Podcast - Impeaching with a Deposition
LFLM LAW with L.A.W - Depositions in Workers' Compensation
The New Playbook for Depositions - Speaking of Litigation Podcast
What to Do When an Employee Receives a Subpoena
Podcast - Ethical Deposition Conduct
Facing a Deposition: Tips and Strategies
Podcast: What is a Deposition?
Sitting with the C-Suite: Trial Prep as a Launchpad for Services
Webinar: Conducting Depositions Online: What You Need To Know To Execute The Process Successfully And Legally
Butler's Thursday Tips #3 | Organization Matters
Podcast: Bridging the Gap
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Podcast - Rule 6: If You Don't Remember, Say So
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
5 Ways to Defeat Deposition Abuse
Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...more
As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more
Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more
When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in...more
Join Niall McMillan and Anders Sleight from Offit Kurman in this episode of Litigators Lounge as they delve into the discovery process in commercial litigation. They discuss various tools such as interrogatories, requests for...more
Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
Cross-examination is the stuff of drama in fictional courtroom depictions. The savvy lawyer taking on a hostile witness on the stand—these are the moments TV and movie audiences live for. However, the truth is real-life...more
The apex deposition doctrine is a judge-made rule that protects company executives from harassing, repetitive depositions in cases in which the executive has little relevant evidence to provide. Courts applying the doctrine...more
Given how critical depositions are to the legal process, it stands to reason that fair deposition practices are paramount to a legal team’s success. However, several forms of unethical and unfair conduct can emerge during...more
Depositions provide the opportunity for legal teams to evaluate not just words, but truthfulness, demeanor, and believability. However, language barriers between deponents and attorneys can hinder the pursuit of information,...more
Revised Minnesota pretrial discovery rules, which took effect Jan. 1, now encourage remote depositions by allowing them to be set by notice alone. Former practice required either a court order or stipulation....more
Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions...more
Brown v. Brooks, 2024 WL 5008506, No. 23-2966 (E.D. Pa. Dec. 6, 2024) - This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery....more
Noticing a deposition is a critical part of the litigation process. Far from just a formality, it’s an assurance that a deposition you’re engaging in is being done fairly and in good faith. By giving all interested parties...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
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
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
U.S. Eleventh Circuit Court of Appeals - NLRB v. ArrMaz Products - collective bargaining, election - Lubin v. Starbucks - class action, ERISA, arbitration - USA v. Ogiekpolor - speedy trial...more
Depositions of witnesses residing in Mexico, at one time a relatively rare occurrence, are becoming commonplace for large law firm litigators. This is because many U.S.-based businesses have relocated manufacturing operations...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
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more
Felder v. MGM National Harbor, LLC, 2024 WL 3690779(D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session. That,...more
U.S. lawyers seeking to depose a witness residing in Switzerland for purposes of litigation in the U.S. often seek advice on how to properly do so as a matter of Swiss law and in accordance with the Hague Convention on the...more
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