Attorney at Work

MAY 28, 2022

From time to time, opposing counsel may act in an uncivil or unprofessional manner during a telephone call, where there is no official record as there might be in a deposition or a written communication. Objectively summarize what was said, making sure to include the uncivil behavior. During a Deposition. On the Phone.

Depositions

E-Discovery LLC

OCTOBER 22, 2024

DILATORY AND UNPERSUASIVE CHALLENGE TO DEPOSITION NOTICE “The Court need not resolve the factual skirmish over whether Washington agreed to the topics in NNI’s Rule 30(b)(6) notice to resolve the motion. The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” emphasis added).

Objections

WA Bar News

NOVEMBER 12, 2024

1 The amendments to CR 26 affect objections, supplementation, and disclosure of experts. 1, 2024, codify procedure for depositions by remote means. In response to the objection this might increase costs and introduce ambiguity, the Work Group determined most parties already ask for supplementation, so there is no net increase in work.

Depositions

WA Bar News

JUNE 11, 2024

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. should not be considered as evidence. Irwin (E.D.

Depositions

E-Discovery LLC

MAY 20, 2025

May 5, 2025), addressed the important issue of apex depositions in the governmental context. Plaintiffs, a parent and a school-age minor, in a personal injury claim against a school system sought the depositions of nine high-ranking government employees. May 19, 2025)(deposition of CFO and Senior V.P. of private entity).

Depositions

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

There are a volume of available ideas and outlines for the discovery deposition of a medical malpractice expert including advice to not take the deposition at all in some circumstances. GENERAL BIAS 1. Involvement in this Case: (1) HOW BECAME INVOLVED IN THIS CASE (2) INVOLVEMENT WITH EXPERT WITNESS AGENCY?

Depositions

WA Bar News

APRIL 14, 2025

Fucile Fact witnesses can make a critical difference in a case. In one instance, the witness might be a bystander to an automobile accident who can say whether the light was green or red. First, for simplicity, we will address fact witnesses who are unrepresented. Their role varies with any given litigation. CONTEXT RPC 3.4(b)

Witnesses

E-Discovery LLC

NOVEMBER 27, 2024

45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] They produced documents and a privilege log, but objected to a deposition. OLPC moved to compel a deposition and for additional documents or an updated privilege log. Kuendig’s deposition. Fed.R.Civ.P.

Subpoenas

E-Discovery LLC

AUGUST 16, 2024

The identification of non-custodial sources of data is a foundational issue, and you don’t get to make an objection to the other side’s disclosure and then hold on to that objection forever and ever, and years later ask to start the whole process over from scratch. Which side offers the sponsoring witness?

Discovery

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

They just launch off without any particular objective other than an impeachment they have available. They just have a general sense they want to prove the witness is wrong or a liar. Demonstrating the bias of the witness to undermine the testimony offered 2. We need specific focused objectives thought out and planned in advance.

Cross-Examination

The Cloud Court Blog

OCTOBER 26, 2022

Over the years I’ve attended a lot of depositions. Not only as the taking and defending attorney, but also as a witness and as a client. When the deposition is over, the people that were in the room often have a sort of inexplicable, Venn-type diagram of disparate recollections about what actually happened.

Depositions

Planet Depos

OCTOBER 30, 2024

It is the very reason you hire a court reporter for your deposition. The final certified transcript may be used in court to call a witness’ veracity into question, for example. Each participant in the deposition can aid in reaching the goal of a timely, accurate transcript. Here is the timeline of what those actions are.

Depositions

E-Discovery LLC

AUGUST 31, 2024

These videos were admitted into evidence without objection and were contained in about 30 video exhibits. Over objection, Lieutenant McDonald testified that he focused on one of the suspects who wore distinctive attire. The court admitted the composite video over objection. before the shooting; on Pleasant Street at 12:17 a.m.

Admissibility

Planet Depos

NOVEMBER 24, 2024

Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. Always ask the witness to state and spell his/her full name so the record accurately reflects the correct spelling. This will avoid unpleasant surprises at trial. Take a short break every 1.5

Depositions

The Cloud Court Blog

SEPTEMBER 28, 2022

I am obsessed with depositions and, in particular, their importance to the outcome of cases. That obsession extends to deposition data as well as to the psychology of the players involved: the attorneys taking and defending depositions; the witnesses being deposed; as well as the court reporters.

Litigation

SW&L Attorneys Blog

MARCH 15, 2025

A failure to provide the requested information without valid objections may result in a motion to compel, a procedural mechanism through which a party seeks judicial intervention to enforce compliance. The opposing party may object to discovery requests by asserting that the information sought is cumulative, duplicative, or unduly burdensome.

Discovery

The Cloud Court Blog

FEBRUARY 24, 2023

It began as a series of reports combined into a dashboard that provided insights about deposition transcripts. Now, Gibson is more than a tool; it’s a partner for any litigator that augments their ability to devise deposition strategies and tactics and improve outcomes. (We Which brings us to today.

Depositions

Optima Juris

JUNE 1, 2025

One deposition transcript can easily stretch beyond 200 pages. Multiply that by the number of witnesses, and it’s no surprise that manually reviewing transcripts has become one of the most time-consuming tasks in case prep. Todays litigators must navigate an ever-growing mountain of case data, documents, and transcripts.

Depositions

The Cloud Court Blog

AUGUST 17, 2022

How do you overcome these aphoristic objections? If they skillfully use document review solutions and run SQL queries in a relational database, they’ll probably jump at having AI tools performing advanced tasks like generating adverse witness response analyses. Suppose you have a matter where you’re noticed for several depositions.

Depositions

E-Discovery LLC

OCTOBER 6, 2024

It noted that Mr. Shapiro even testified during depositions that he could not identify a single email that anyone read. The technology consultant was not identified as an expert for either side, but, without objection from Mr. Shapiro, HHI offered the consultant’s affidavits in support of its motion for summary judgment.

Evidence

Evidence at Trial

APRIL 26, 2023

In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact." Is an expert witness required to show that the camera that took the photograph was in good operating condition? ” Cal.

Evidence

Evidence at Trial

NOVEMBER 27, 2021

But with hearsay having so many exceptions, the most obvious objection may not be the most effective. This is the witness who says, "I just came from outside and it’s raining." If the witness is believed, the fact it is raining is conclusively true. The witness may say, "I saw Ms. What about relevance? In Strobel v.

Evidence

WA Bar News

FEBRUARY 11, 2025

Fucile Imagine this scenario: You are defending your clients deposition in a hard-fought commercial case. You prepared your client thoroughly for the deposition and the morning session went well. The deposition will continue in the afternoon. COLUMN > Ethics & the Law Illustration Getty/erhui1979 By Mark J.

Depositions

The Cloud Court Blog

AUGUST 5, 2022

It resonates because I know the same is true of both witnesses and lawyers. For most of its history, important draft decisions in baseball were made based on superficial factors that trumped objective data. Now, picking a witness can be hard. Appearances can be, and often are, deceiving. Sometimes profoundly so.

Litigation