
All Episodes
Episodes
Episode 104 - What to Do About Incomplete Answers Caused by Interrupting Examiners?
In this episode, Jim Garrity addresses the problem caused by litigators who repeatedly interrupt your deponents’ answers, potentially resulting in a transcript full of half answers. It's a common and serious headache...
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Episode 103 -Lessons From The Front Lines: What Will 317 “Don’t Knows,” and 196 “Don’t Remembers,” Earn Your Client? (Hint: It Involves Jurors.)
In this episode, Jim Garrity spotlights a 107-page ruling, issued just three days ago, that offers a sharp reminder about the consequences to deponents who claim memory failure and who then follow up, at summary...
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Lessons From The Front Lines: When Suspending Or Terminating A Deposition in Progress Due to Misconduct, Don’t Forget to Say This
There's definitely a right and a wrong way to terminate or suspend a deposition in progress on the grounds it is being conducted in bad faith, or in a manner that unreasonably annoys, embarrasses, or oppresses the...
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Episode 101 -When Are Responses & Objections Due to Document Requests Embedded in a Notice of Deposition Duces Tecum? When Is the Actual Production Due?
In this episode, Jim Garrity talks about dealing with document requests included within a Notice of Deposition Duces Tecum, and how to determine (a) the due date for service of your responses and objections to those...
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Episode 100 -Can You Limit the Duration of an Opponent’s Deposition Before It Even Starts? (Yes.)
In this episode, Jim Garrity explains how to seek an order limiting the duration of an upcoming deposition, including the rules you'll rely on and the arguments you'l make (for or against, depending). Occasionally,...
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Episode 99 -Does FRCP 30’s 7-Hour Limit Include Cross? What if the Direct Used the Full Seven?
In this episode, Jim Garrity answers a frequent question he gets about Fed. R. Civ. P. 30's seven-hour time limit, namely, "The noticing lawyer questioned the witness for the full seven hours, so wasn't I still...
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Episode 98: "Have You Now Told Me Everything That Supports Your Claims/Defenses?"
In this episode, Jim Garrity explains the pitfalls in defending against – or in asking - the common wrap-up question “Have you now told me everything that supports your claims?” (or defenses, as applicable). A...
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Episode 97 - Using Designated-Representative Depos When You Can't Depose An Apex Witness
In this episode, Jim Garrity discusses a question he got from a lawyer whose corporate opponent refused to make the CEO available for deposition under the "apex doctrine." Garrity explains the advice he gave, which...
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Episode 96 - Lessons from The Front Lines: Hit with A Dispositive Motion Before You've Taken All Your Depositions? Do This (Immediately)
In this episode, Jim Garrity highlights a June 17, 2022 court ruling where Fed. R. Civ. P. 56(d) was in play. This rule allows you to ask a court to defer ruling on a prematurely-filed summary judgment motion, in...
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Episode 95 - Handling Deponents With Severe Speech Impediments
In this episode, Jim Garrity offers critical tips for preparing deponents who suffer from severe speech impediments. If left unaddressed, much of the deponent's testimony will be lost. It doesn't need to be that way,...
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Episode 94 -What Five Things Should Litigators Be Doing More Of In Their Deposition Practice?
In this episode, Jim Garrity discusses a brainstorming meeting he had with the podcast staff about show topics for the coming year. One member suggested he develop a "top five list" of things that litigators should be...
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Episode 93 -Is There A "Best Place" to Sit When Questioning Deponents or Witnesses?
In this episode, Jim Garrity explores the psychological impact of seating arrangements, and how various seating configurations affect the way witnesses and deponents perceive you. As he explains, some seating...
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