
All Episodes
Episodes
Episode 92 - The Deponent is Taking Notes While Testifying. Can You Demand Them?
In this episode, Jim Garrity ponder the issue whether you're immediately entitled to obtain notes taken by a deponent while testifying or, to go a step further, the notes of non-attorney witnesses observing the...
View Episode
Episode 91 - Remote Video Deponents on Cellphones
In this episode, Jim talks about the problems associated with taking document-intensive depositions of remote video deponents who are participating on their cellphones. As always, Jim offers specific practice...
View Episode
Episode 90 - So What, Exactly is Impermissible "Coaching" During a Deposition?
In this episode, Jim Garrity explains what constitutes improper coaching during depositions, and offers a wide range of examples. As always, cases mentioned in the episode appear below in the show notes. Thanks for...
View Episode
Episode 89 -Lessons from the Front Lines: An Appellate Court’s Ominous Comment to Litigants Fighting Over a Transcript’s Accuracy
In this episode, Jim Garrity discusses an April 18, 2022, opinion from a federal appellate court, about a dispute between the parties over the accuracy of the stenographic transcript of the plaintiff's deposition. ...
View Episode
Episode 88 -How to Avoid Being Taxed Costs for Videotaping When Your Opponent Also Arranged for a Stenographic Transcript
Today Jim Garrity offers up 14 different, caselaw-supported, arguments to protect your client from being taxed with an opponent's videographer costs following an adverse case outcome. Many lawyers take for granted...
View Episode
Episode 87: Next-Day Certified Transcripts, Rough in an Hour, No Extra Charge: A Conversation with Dean Whalen, Chief Legal Officer of Readback Active Reporting.
Today, Jim Garrity interviews the chief legal officer of a company that offers commodity-priced transcripts with all the bells and whistles of the most expensive traditional court reporters. In the episode, the CLO,...
View Episode
Episode 86 - A St. Patrick's Day "Thank You" to 50 Lucky Listeners
No, we can't explain it here! You'll have to listen to find out. It's our way of thanking listeners for making this the top podcast in the country on civil pretrial deposition strategies and tactics!
View Episode
Episode 85 - Can You Bluff Dishonest Deponents By Implying You Have Evidence that You Don't?
In this episode, Jim Garrity tackles the question whether you can bluff a dishonest deponent - for the purpose of encouraging the witness to be truthful - by implying you have evidence that actually doesn't exist?...
View Episode
Episode 84 - Does the Rule of Sequestration Apply to Depositions?
In this episode, Jim Garrity addresses one of the most widely-held misconceptions about deposition practice. He also provides practice tips when an opposing lawyer "invokes the rule" and demands that one or more of...
View Episode
Episode 83 - Lessons from the Front Lines: Alex Jones' Lawyer in the Sandy Hook Case Reprimanded for Deposition Conduct. (He Should Have Listened to Episode #49.)
As you know, our Lessons from the Front Lines episodes spotlight brand-new court rulings from around the country on deposition-related topics. Today's case in the spotlight raises an issue we covered last year in...
View Episode
Episode 82 - Testimonial Privileges: The Legislative Privilege
In this episode - the first in a new series this year on testimonial privileges that can impede your efforts to depose witnesses - Jim Garrity explains the "legislative privilege," applicable to legislators and others...
View Episode
Episode 81 - How (and Why) to Ask Deponents About Prior Sworn Testimony
In this episode, Jim Garrity stresses the importance of systematically asking deponents to catalogue their prior testimonial experience in any form or forum. A witness' prior testimony can be an intelligence goldmine....
View Episode