News & Analysis as of

Litigation Strategies Depositions

Holland & Hart - Your Trial Message

Witnesses, Remember Confidence is a Behavior

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

Esquire Deposition Solutions, LLC

Tech Titans Invoke, and Grow, Apex Deposition Doctrine

Plaintiffs’ attorneys often hope to put a famous face on the business end of lawsuits against corporate defendants. The sight of a celebrity from the business world answering uncomfortable questions creates courtroom drama...more

Cozen O'Connor

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

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In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more

Holland & Knight LLP

Podcast - Part II: The Do’s and Don’ts of Demonstratives

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, about the practical aspects of...more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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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

Tyson & Mendes LLP

Trial Prep: Expectation vs. Reality

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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

Array

Top 5 Questions Law Firms Should Ask When Choosing a Court Reporting Provider

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In today’s fast-moving legal landscape, where precision, speed, and dependability are critical, choosing the right court reporting provider can significantly impact a law firm’s outcomes and reputation. Yet too often, the...more

Esquire Deposition Solutions, LLC

Generative AI Shines With Deposition Transcript Summaries

Notwithstanding frequent “hallucinations” and the consequent embarrassment of getting caught relying on court rulings that do not exist, generative artificial intelligence is nevertheless fast becoming a familiar component in...more

Esquire Deposition Solutions, LLC

Appellate Court Affirms $10K Sanction for Refusal to Turn on Webcam

California courts take seriously their rules against gamesmanship in pretrial discovery – as one lawyer recently learned. A stiff sanction, nearly $10,000, was the price he paid for refusing to turn on his laptop’s webcam,...more

Offit Kurman

Understanding Discovery in Commercial Litigation

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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

Association of Certified E-Discovery...

[Webinar] Transcript Tactics: Best Practices for Deposition Review in the Age of AI - June 18th, 8:00 am PDT

Deposition transcripts are among the most critical and complex assets in litigation. Handling them efficiently while maintaining accuracy and meeting fast-moving deadlines requires a strategic approach. In this session, a...more

Miles Mediation & Arbitration

The Goldilocks Zone of Mediation

I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more

Array

Beyond Transcripts: The Strategic Role of Service in Court Reporting

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Court reporting is more than a logistics exercise - it’s a critical component of case strategy. In today’s litigation landscape, where deadlines are compressed, teams are stretched, and expectations are high, the service...more

Pullman & Comley, LLC

A Practical Guide to the Connecticut Interstate Depositions and Discovery Act

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Litigators handling disputes that extend across state lines know that obtaining discovery can be cumbersome.  Fortunately, Connecticut has taken steps to streamline this process. ...more

Esquire Deposition Solutions, LLC

Texas Supreme Court Embraces Interstate Deposition Act

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

Esquire Deposition Solutions, LLC

Failure to Schedule Depositions Together Was Discovery Abuse

Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more

EDRM - Electronic Discovery Reference Model

[Webinar] A Winning Story: How to Use Technology to Build and Present a Compelling Case - April 29th, 12:00 pm - 1:00 pm CT

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

Esquire Deposition Solutions, LLC

Massachusetts Remote Deposition Rule Takes Effect

New court rules went into effect in Massachusetts last month that authorize remote depositions whenever the party noticing the deposition elects that format. A prior proposal to make in-person depositions the default option...more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Esquire Deposition Solutions, LLC

What to Do After Asserting a Deposition Objection

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

Law School Toolbox

Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)

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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

Esquire Deposition Solutions, LLC

Let’s Not Forget Those In-Person Deposition “Glitches”

Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to...more

IR Global

How to Cross-Examine a Witness: A Comprehensive Guide

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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

Esquire Deposition Solutions, LLC

Trust, Tech Savvy, Preparation: Keys to New Litigator Success

We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing...more

Esquire Deposition Solutions, LLC

Free Speech Case Tests Texas Rule on Pre-Suit Depositions

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

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