Category: Depositions

  • Impeaching a witness using traditional methods (based on deposition testimony)

    BYCyclone Covey2 commentsDepositions

    In my recent post on Taking What You Can Get From a Witness, I received a question from a reader who asked, “[h]ow often are deposition transcripts or videos successfully used to impeach a witness?” I don’t know the answer, but the key to the question is successful impeachment. Many more lawyers attempt impeachment than […]

  • 12 Important Guidelines for Foreign Language Depositions

    BYLauri Donahue0 commentsDeposition Tips

    In Ariosa Diagnostics v. ISIS Innovation Limited, the Patent Trial and Appeal Board (PTAB) set guidelines for taking foreign language depositions under 37 C.F.R. § 42.53(e). 37 C.F.R. Part 42 governs trial practice before the PTAB.  The PTAB is an administrative law body of the U.S. Patent and Trademark Office (USPTO) and includes a Trial […]

  • 2 Great Reasons Lawyers Should Embrace Videoconference Depositions

    BYCyclone Covey1 commentsDepositions

    8 hours of deposition, 18 hours of travel time. We’ve all done it. Buy a plane ticket, reserve a hotel and a car, and slog to conduct a deposition in a remote part of the country (or the world). An eight-hour deposition (or sometimes less) becomes a two or three day affair. You’ve probably had […]

  • Deposition Technology: A Comprehensive Overview

    BYSid Allen0 commentsDeposition Tips

    When looking at the flood of innovations coming to the legal industry, its easy to get confused about how all the products and solutions fit together and how they are actually better than the “old ways.” This list is meant to sort through a subset of legal technology, namely currently available deposition technology. While some […]

  • Software for Remote Depositions Cuts Costs

    BYSid Allen0 commentsDeposition Tips

    Software for remote depositions can dramatically decrease costs and improve the overall efficiency of the legal industry. The most obvious impact is on saving money: Software for Remote Depositions Saves Money Travel. Attorneys who conduct remote depositions can reduce or eliminate not only their own travel, but also the travel of clients or key witnesses. […]

  • Giving A Deposition With Unwieldy Documents

    BYSid Allen0 commentsDeposition Tips

    Giving a deposition is quite often a very pleasurable experience. Litigators get to face off against ornery ex-husbands, dimwits, people playing stupid, and maybe, if they’re lucky, even arrogant celebrities. Dealing with the difficult witness when giving a deposition is a tough task, but often unavoidable. Problems with giving a deposition if you have unwieldy documents […]

  • Preparing for the deposition of the opposition’s expert witness

    BYCyclone Covey0 commentsDeposition Tips

    You know how important it is to nail down the opposing party’s experts at their depositions. You want to lock them in to their opinions and to identify all the supporting documents upon which they relied. To do this well, you need to spend sufficient time in preparation so you can elicit all of the […]

  • Three Deposition Tips Opposing Counsel Doesn’t Want You To Know

    BYCyclone Covey0 commentsDeposition Tips

    You almost never have the perfect case and the perfect client. They may exist in movies, but they don’t exist in real life. Instead you usually have a case with weak points. These weaknesses may be problems with the facts, an unsympathetic client, bad prior precedent, bad reputations or prior acts, or a combination of […]

  • Deposition Questions You Should (Almost) Always Use

    BYCyclone Covey0 commentsDeposition Tips

    Standard Deposition Questions If you’re a litigator then once you’ve been in practice for a while you will have taken depositions in lots of cases, covering lots of different issues, from many different types of witnesses. You will start to develop patterns, and you’ll learn what kind of deposition questions work best in certain situations. […]

  • Lost Documents: A Deposition Horror Story

    BYSid Allen0 commentsDepositions

    Susan was an experienced litigator who represented global clients in big cases. As such, she often travelled for depositions. She was a meticulous lawyer who liked to cross every “t” and dot every “i.” She fully trusted her paralegals, who she had trained over the years to be as detailed as she was.  On occasion, […]