Depositions and Subpoenas - Trial Strategy Today

Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant

E-Discovery LLC

JULY 30, 2025

45 in connection with a subpoena for LZ’s protected school records. Plaintiff asserted that Genesh “obtained her school records via a subpoena issued in violation of Federal Rule of Civil Procedure 45(a)(4). It added: “Genesh’s clandestine service of the revised subpoena prejudiced [plaintiff] LZ in multiple ways.”

Discovery

Discovery Subpoenas Depositions Mediation

Application of Work-Product Doctrine to Materials Prepared Years After Incident

E-Discovery LLC

JULY 11, 2025

at 4 (citing In re Grand Jury Subpoena , 870 F.3d The Court wrote that: “Conversely, statements taken later… are more likely to contain information otherwise available to the seeking party through its own efforts to obtain statements or to take depositions.” 3d at 317). at *7 (cleaned up; citations and quotation omitted).

Witnesses

Witnesses Subpoenas Discovery Depositions

Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

E-Discovery LLC

JULY 1, 2025

45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. May 5, 2025), For more on the “apex doctrine” outside of the context of document custodians, please see “Apex” Depositions of High Government Officials Under the “Morgan” Doctrine (May 20, 2025). Lambert , __ Md.

Objections

Objections Depositions Burden Of Proof Litigation

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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

JULY 3, 2025

The Court pointed to several salient facts: “Curiously, Plaintiff testified at deposition that she had not even retained a lawyer until nearly one month after the call.” “But Efforts to subpoena or depose Mr. Roberts were “thwarted to date by his evasiveness.” Roberts was fired the next day. Again, and as before, Ms.

Evidence

Evidence Cross-Complaint Cross-Examination Litigation

Initial Disclosures Cannot Await Expert Opinions

E-Discovery LLC

JULY 20, 2025

Vasquez, Blake Lively’s Deposition Pushed Back by 2 Weeks After Judge’s Latest Ruling in Justin Baldoni Case (Jul. Lang, Ruling in Blake Lively’s Subpoena for Justin Baldoni Phone Records (Feb. Italiano, Blake Lively must turn over detailed business income records to Justin Baldoni (Jul. 14, 2025); I. 14, 2025); E. 19, 2025); B.

Interrogatories

Interrogatories Objections Discovery Expert Testimony

Legal Ethics & Malpractice Reporter, Vol. 6, No. 7

Joseph, Hollander & Craft

JULY 31, 2025

The law firm found that many of its lawyers were being required to take on collateral activities, such as giving depositions, and were, presumably, having some difficulty being paid for this work from estates.

Cross-Examination

Cross-Examination Subpoenas Discovery Witnesses

What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?

E-Discovery LLC

NOVEMBER 27, 2024

20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena. 45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] d)(3)(B) – A court may, on motion, ensure “that the subpoenaed person will be reasonably compensated.” Fed.R.Civ.P.

Subpoenas

Subpoenas Discovery Depositions Objections

Five Things to Look for in Shared Office Space

Attorney at Work

MAY 22, 2022

Paralegals and support staff, typically employed by the shared office provider, can also help line up court reporters, file paperwork and serve subpoenas. Professional deposition rooms. While amenities like lounges and on-site gyms are common in most shared office suites, private deposition rooms don’t usually make the cut.

Depositions

Depositions Subpoenas Legal Research

Five Things to Look for in Shared Office Space

Attorney at Work

JULY 28, 2022

Paralegals and support staff, typically employed by the shared office provider, can also help line up court reporters, file paperwork and serve subpoenas. Professional deposition rooms. While amenities like lounges and on-site gyms are common in most shared office suites, private deposition rooms don’t usually make the cut.

Depositions

Depositions Subpoenas Legal Research Education

The Deposition: What To Expect And How To Prepare

SW&L Attorneys Blog

FEBRUARY 13, 2025

Contributor: Lee Grossman What Is a Deposition? Attorneys do this by sending written questions called interrogatories , issuing subpoenas , and holding depositions. A deposition allows attorneys to ask questions of witnesses who provide sworn testimony under oath. A deposition is held outside the courtroom setting.

Depositions

Depositions Witnesses Pretrial Motions Litigation

SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

Securities Docket

SEPTEMBER 26, 2024

The Securities and Exchange Commission has asked a federal judge to sanction Elon Musk if he continues to violate the court’s order to appear for a deposition in a probe of his 2022 Twitter acquisition. Source: SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

Depositions

Depositions Subpoenas

Discovery Dispute: “Both cannot be true.”

E-Discovery LLC

OCTOBER 16, 2024

Krantz issued third-party subpoenas to Tekvantage and Teknowledgies. While much of the Kranz & Associates decision focuses on a rejected assertion of spousal privilege in response to the subpoena to the husband’s company, this blog focuses on the Tekvantage subpoena to Ms. Lain’s entity. at *4 (emphasis added).

Discovery

Discovery Subpoenas Depositions Evidence

Citing the Correct Subsection of Fed.R.Evid. 502 is Important

E-Discovery LLC

DECEMBER 19, 2024

Plaintiffs later noted the deposition of a non-party, Dr. Fanning on March 29, 2024. Plaintiffs said that SCA was served with a copy of the subpoena on March 27 th , two days prior to serving it on Dr. Fanning and well before the deposition. 5, 2024), the court explained the application of Subsections (b) and (d) of Fed.R.Evid.

Depositions

Depositions Subpoenas Evidence Discovery

Order Granting In Camera Review of Work Product Claim

E-Discovery LLC

APRIL 14, 2025

5, 2025); No Dog in the Fight Analysis Applies to Scope of Subpoenas in the District of Maryland (Apr. They involved defendants subpoena issued to the Mid-Atlantic Innocence Project (MAIP). No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr. 2025 WL 1024069 at n. Victor Stanley, Inc.

Subpoenas

Subpoenas Discovery Witnesses Depositions

WHAT IS A NON-PARTY DEPOSITION?

Gerry Oginski's New York Legal Blog

JUNE 23, 2018

First, a deposition is a question and answer session that’s given under oath. A deposition is considered pretrial testimony. One way is to subpoena them to appear. “Sure, I’ll produce her for deposition. What does it cost to do a non-party deposition? There’s no judge there. He will pay her.

Depositions

Depositions Cross-Examination Witnesses Subpoenas

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. Supplement if needed. Index & make summary of relevant information for use at trial.

Cross-Examination

Cross-Examination Exhibits Opening Statement Trial Preparation

Cross-Motions to Compel in Employment Lawsuit

E-Discovery LLC

FEBRUARY 11, 2025

It also addressed the cell phone provider: Finally, Plaintiff shall provide her authorization to allow T-Mobile (her cell carrier) to produce information in response to Defendants subpoena to T-Mobile by February 14, 2025. Defendants argue that Plaintiff testified at deposition that she did not communicate with Mr. Roberts on his work phone.

Cross-Examination

Cross-Examination Cross-Complaint Discovery Subpoenas

Hiding Assets In A Minnesota Divorce: How Courts Address Concealment And Dissipation

SW&L Attorneys Blog

NOVEMBER 8, 2024

Stashing Physical Cash or Valuables: Assets like cash, jewelry, or collectibles are sometimes hidden in safety deposit boxes, with friends or family, or in obscure locations to avoid being accounted for. Subpoena Financial Records. Courts favor transparency, and subpoenaed records often highlight concealment attempts.

Finance and Banking

Finance and Banking Subpoenas Litigation Evidence

MyCase + Briefpoint: Save Hours Automating Discovery Requests

MyCase

MAY 7, 2024

Reclaim Hours Save up to three hours per discovery document with AI-generated responses to: Requests for production Requests for admission Interrogatories Notice of deposition Third-party subpoenas Form interrogatories 2.

Discovery

Discovery Interrogatories Subpoenas Admissibility

Collaborative Law: A Path To Peaceful Co-Parenting

SW&L Attorneys Blog

AUGUST 5, 2024

Instead of formal discovery procedures like subpoenas or depositions, parties voluntarily disclose relevant information and documents to each other. Then comes the process known as ‘discovery.’ Here, the couple is encouraged to be transparent and share information openly.

Discovery

Discovery Construction Litigation Subpoenas

Apr./May 2025 > Discipline & Other Regulatory Notices

WA Bar News

APRIL 14, 2025

Decision documents: Hearing Officers Decision; Disciplinary Board Order Declining Sua Sponte Review and Adopting Hearing Officers Recommendation; and Washington Supreme Court Order.

Discovery

Discovery Subpoenas Depositions Court Rules

Fair Pay: Compensating Fact Witnesses

WA Bar News

APRIL 14, 2025

Although fact witnesses who are subpoenaed for a deposition or trial are entitled to statutory witness fees, those are modest in both state and federal court and usually do not compensate the witness fully for the time involved. 3 In this column, we will first briefly survey the development of RPC 3.4(b) b) in Washington for context.

Witnesses

Witnesses Depositions Evidence Real Estate

Court Recommends Denial of Rule 37(e)(2) Motion, While Providing Guidance Under Rule 37(e)(1)

E-Discovery LLC

MAY 19, 2025

… She estimates that she did this probably a year before her January, 2025 deposition. Further: All attempts to subpoena or depose Mr. Roberts and/or gain access to the text messages through him has been thwarted to date by his evasiveness. Emphasis added]. The Court applied Fed.R.Civ.P. 37(e) to these facts.

Evidence

Evidence Discovery Jury Instructions Litigation

Fast, Smart, and Empathetic: How DISCO’s Culture Drives Legal Tech Innovation (TGIR Ep. 217)

3 Geeks and a Law Blog

AUGUST 29, 2023

And then we also, you know, we also have the capability to upload basically depositions, the videos, the transcripts, and annotate and collaborate on both the video and the testimony that becomes really, really important. Absolutely.

Technology

Technology Litigation Evidence Discovery

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

E-Discovery LLC

JANUARY 29, 2025

1958) (Discovery rules dealing with depositions and subpoenas are in pari materia to Rule 34, dealing with document production). Marcus, Federal Practice and Procedure 2204 (2d ed.1994); 1994); See also Tiedman v. American Pigment Corp., 2d 803, 808 (4th Cir.1958)

Interrogatories

Interrogatories Objections Discovery Precedent

Former Wisconsin Supreme Court Justice Surrenders Law License in Face of 10 Count Complaint

Practice of Law

APRIL 10, 2025

His repeated refusals to respond to open record requests and subpoenas led to him being sued, and he appeared in court over records he allegedly destroyed rather than give to a liberal group. Despite both Madison and Green Bay giving Gableman the election documents he'd requested, he signed writs to compel them into unnecessary depositions.

Subpoenas

Subpoenas Depositions Evidence

Trial Strategy Today

Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant

Application of Work-Product Doctrine to Materials Prepared Years After Incident

Webinars

Trending Sources

Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

Webinars

Three Motions for Sanctions Denied Under ESI Rule and Common Law

Initial Disclosures Cannot Await Expert Opinions

Legal Ethics & Malpractice Reporter, Vol. 6, No. 7

What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?

Five Things to Look for in Shared Office Space

Five Things to Look for in Shared Office Space

The Deposition: What To Expect And How To Prepare

SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

Discovery Dispute: “Both cannot be true.”

Citing the Correct Subsection of Fed.R.Evid. 502 is Important

Order Granting In Camera Review of Work Product Claim

WHAT IS A NON-PARTY DEPOSITION?

CONSIDER A TRIAL CHECKLIST

Cross-Motions to Compel in Employment Lawsuit

Hiding Assets In A Minnesota Divorce: How Courts Address Concealment And Dissipation

MyCase + Briefpoint: Save Hours Automating Discovery Requests

Collaborative Law: A Path To Peaceful Co-Parenting

Apr./May 2025 > Discipline & Other Regulatory Notices

Fair Pay: Compensating Fact Witnesses

Court Recommends Denial of Rule 37(e)(2) Motion, While Providing Guidance Under Rule 37(e)(1)

Fast, Smart, and Empathetic: How DISCO’s Culture Drives Legal Tech Innovation (TGIR Ep. 217)

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

Former Wisconsin Supreme Court Justice Surrenders Law License in Face of 10 Count Complaint

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