All Episodes
Episodes
Episode 80 - Taking Depositions Before and After A Lawsuit
In this episode, Jim Garrity does a deep dive into Fed. R. Civ. P. 27 (and its state equivalents, because virtually all U.S. states and territories have a similar rule). Rule 27 allows you to take depositions before a...
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Episode 79: An Email Is Not a Notice of Taking Deposition (But It Could Be)
In this episode, Jim Garrity discusses an October 21, 2021 ruling granting a protective order blocking plaintiffs' depositions set on short notice. In the case Garrity discusses, the plaintiffs' lawyer sent emails -...
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Episode 78: Lessons from the Front Lines: Why Google Couldn't Prevent the Apex Deposition of CEO Sundar Pichai
In this Lessons from the Front Lines episode, Jim Garrity analyzes Google's opposition to the deposition in a class action of its highest-level official, Sundar Pichai. The fight, which ended in a December 27, 2021...
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Episode 77 - Listener Questions About Depositions by Written Questions
In this episode, Jim Garrity answers some listener questions about depositions by written questions, and shares additional thoughts about the technique, which we covered in Episode 76. This will be our last episode...
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Episode 76 - Demystifying Depositions by Written Questions
In this episode, Jim Garrity explains how depositions by written questions work, and when to use them. Many lawyers have never deposed a witness this way. Garrity argues that this tool has value, and that you should...
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Episode 75 - Lessons From The Front Lines: Never Let Opponents Control the Timing & Sequence of Your Depositions
In this episode, Jim Garrity talks about the sequence and timing of your depositions. Who is allowed to go first? What if the opposing lawyers insist on deposing your client first, and won't agree to dates for your...
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Episode 74 - Can You Read the Entirety of an Adverse Party’s Depositions at Trial, Even When the Deponents Are Available to Testify Live?
In this episode, Jim Garrity looks at a tactic expressly allowed by the rules, but almost always prohibited by judges, specifically the reading of the entire deposition of an adverse party's witnesses to the jury. ...
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Episode 73 - Lessons from the Front Lines: Lawyer Suspended 91 Days for Allegedly Text-Coaching Remote Deponent
In this episode, Jim discusses the November 18, 2021 decision of the Florida Supreme Court suspending a lawyer who was allegedly caught text-coaching a deponent while testimony was in progress.As always, keep in mind...
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Episode 72 - Set Your Depositions Unilaterally After Asking for Dates…How Many Times?
In this episode, Jim Garrity tackles a sometimes-sticky question: How many times do you have to ask an opponent or witness for deposition dates before you can just set them unilaterally? Garrity tells you (a)...
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Episode 71 - Lessons from the Front Lines: A Plaintiff Escapes Sanctions for Using Public Records Requests to Gather Information During a Discovery Stay
In this episode - one in a recurring series where we share brand new deposition-related court rulings from around the country - Jim Garrity tells you about a ruling just three days ago, where a judge pondered the...
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Episode 70 -Can Non-Record Lawyers Participate in the Depositions of their Non-Party Clients?
In this episode, Jim Garrity brings clarity to a quandary experienced by many litigators: Can the non-record lawyers of non-party deponents show up at the deposition and actively participate? By objecting, by asking...
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Episode 69 - So, What About Standing (a/k/a Continuing or Running) Objections?
In this episode, Jim Garrity discusses so-called standing objections, where - in theory - the parties agree that defending lawyers need not make continual objections to a specific line of questioning in order to...
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