All Episodes
Episodes
Episode 32 -Lessons from the Front Lines: Agreeing to the "Usual Stipulations" to Hold Objections Until Trial? You Still Have to Make THIS Critical Objection.
Often, lawyers agree to "the usual stipulations" at the start of the deposition. Just as often, it's unclear what those stipulations are, and how they affect the assertion of objections during the deposition. But one...
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Episode 31 - Clearing Out the Testimonial Cobwebs at the Start of Your Depositions
What's the best way to prevent evasive witnesses, as you wrap up their depositions, from claiming they didn't understand many of your questions, and/or that they were operating under some impairment, and so their...
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Episode 30 - How to Sharply Reduce the Cost of Deposition Transcripts
If you're like Jim Garrity, court reporting and transcript costs have become a major factor in your firm's or organization's operations. Smaller firms are having trouble surviving, because they can't afford to carry...
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Episode 29 - Lessons from the Front Lines: Are You Entitled to Depose a Witness Previously Deposed by Another Party?
In this Lessons from the Front Lines episode, based on a February 1, 2021 federal court ruling, Jim Garrity takes Episode 28 a step further. Previously, we addressed the question whether you can, as a matter of right,...
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Episode 28 - Preventing (Or Obtaining) A Second Deposition of A Party or Witness
Your opponent sends you an email saying he just needs an "update deposition" of your client. What say you? In this episode, Jim Garrity notes that an "update" deposition is just a second deposition in sheep's...
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Episode 27 - Is It Okay to Confer with Clients About Their Testimony During Deposition Breaks?
Have you ever had a lawyer challenge you about conferring with your client during breaks in depositions, or suggest that you're violating some rule or ethical norm by doing so? Or, even instruct your clients before a...
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Episode 26 - Lessons from the Front Lines: Regret Terminating a Deposition? UN-terminate It Immediately.
In today's Lessons from the Front Lines - special episodes where we spotlight new deposition-related rulings in active lawsuits around the U.S. - Jim Garrity takes a look at a California case where a deponent and his...
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Episode 25 - Can You Be Sued for Questions You Ask in Depositions?
In this episode, Jim Garrity talks about the risk litigators face of being sued for asking deposition questions that deponents perceive as defamatory or malicious. Jim reviews the "litigation privilege," both in its...
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Episode 24 - The Stunning Consequences of Setting "Short-Notice" Depositions
Join Jim Garrity in a deep dive into the law of short-notice depositions, which can trigger astonishingly severe consequences. The federal rules define "short notice" as a deposition set with less than 14 days'...
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Episode 23 - Cross-Notice Jiu Jitsu: Using An Opponent's Cross-Notice Against It
It's not unusual for adversaries to cross-notice your key depositions, either of their own witnesses or of non-party deponents. That allows them unfettered ability to conduct a wide-open, more focused followup...
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Episode 22 - FRCP 29(a) Stipulations: A Way to Save Time, Money & Headaches
In this episode, Jim Garrity talks about one of the greatest time and money-saving tools you've never heard of. Fed. R. Civ. P. 29(a) stipulations allow you to eliminate both expected and unexpected hassles in your...
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Episode 21 - Wizards and Codes: How to Precisely Track The Elapsed Examination Time During A Deposition
Did you know your court reporter's machine keeps track of the total elapsed time of the examination while the deposition is in progress? Right down to the second? And that the reporter can easily share that elapsed...
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