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Episodes
Episode 44 - Objectionable Objections: "If You Know"
Today we introduce a new category of episode, based on your fantastic feedback about things you’d like to get out of the podcast. Episodes in this category will be called Objectionable Objections, and each will focus...
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Episode 43 - What to Do When Subpoenaed Non-Party Witnesses Fail to Appear for Deposition
You properly subpoenaed the non-party witnesses. You issued the subpoena from the correct court, and you even included a check for mileage. You did everything right. (Yay you!) But they still failed to show up. Now...
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Episode 42 - Lessons from the Front Lines - Carefully Choose the Documents You Use to Prepare Deponents
In this Lessons from the Front Lines episode, where we review brand-new deposition-related cases from around the country, Jim Garrity discusses two decisions that highlight the importance of - and risks associated...
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Episode 41 -Developing Deposition Testimony of Adverse Witnesses So You Can Lead Them During Your Case-In-Chief
In this episode, Jim Garrity offers practical tips for developing deposition testimony that will allow you to use leading questions when examining adverse witnesses you'll call during your case-in-chief at trial....
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Episode 40 - Lessons from the Front Lines: I Bet He Didn't Think His Speaking Objections Would be Played for THAT Audience.
In this Lessons from the Front Lines installment - our special episodes where Jim Garrity shines the spotlight on a brand-new court decision of interest to litigators - a judge on April 25, 2021 dealt with a...
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Episode 39 -Do You Need 75, 100, or 150 Interrogatories? FRCP 30(b)(6) to the Rescue!
In this episode, Jim Garrity encourages you to think of Fed.R.Civ.P. 30(b)(6) depositions as an ingenious, unlimited source for additional interrogatories, if you need more than is allowed by rule. Rule 30(b)(6)...
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Episode 38 - Can More than One Lawyer for A Party Question the Deponent?
in a conversation with other lawyers recently, Jim Garrity was asked whether more than one lawyer for a party can question the witness in a deposition. This episode addresses that topic, explains how courts view it,...
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Episode 37 - Witnesses for Whom Your Examination Might Best Be Left for Trial
In this episode, Jim Garrity, fresh from a five-day jury trial - his first since March 2020, when COVID-19 began shutting down courtrooms everywhere - shares thoughts about passing on depositions of important but...
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Episode 36 - Can an Entity Later Use Affidavits to Contradict the Testimony of Its 30(b)(6) Designee?
We've all heard the mantra that the testimony of a corporate or organizational representative under Fed. R. Civ. P. 30(b)(6) or its state analogues is "binding on the entity." But is it? Does an entity have fewer...
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Episode 35 - Lessons from the Front Lines: Excellent Remote Deposition Protocols for Your Depositions
Many lawyers are still struggling to find just the right guidelines or protocols for taking or defending remote depositions. The opportunities for deposition misconduct are many in the absence of binding agreements...
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Episode 34 - Consider Delaying Production of True Impeachment Evidence Until After the Key Pertinent Witness Has Been Deposed
Courts generally allow you to withhold true impeachment evidence until after the deposition of a witness to whom the evidence pertains. If you're the party holding the evidence, that could allow you to set the...
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Episode 33 - Using Depositions on Written Questions as an Offensive Weapon to Stop the Harassment of Deponents
Dealing with an adversary, whether it's an attorney or a pro se litigant, who seems hell-bent on harassing deponents? We've all had to deal with it. In this episode, Jim advocates using Fed. R. Civ. P. 31 as an...
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