All Episodes
Episodes
Episode 8 - Taking a Portable Printer to Depositions
You and your team take laptops to every deposition. But you never take a printer. Why? Portable printers are lightweight, modestly priced, and worth their weight in gold in pretrial depositions. Deponents often refer...
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Episode 7 - Audiotaping your Depositions
Are you independently audiotaping all your depositions? (We know you're not.) But why aren't you? Listen as Jim Garrity explains why you should routinely audiotape depositions, apart from stenographic or other means,...
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Episode 6 - Using FRE 612 to Obtain Documents Used by Deponents to Refresh Recollections
The documents reviewed by deponents in order to refresh their recollections, before their upcoming testimony, can be of critical value. What did they look at? Is it something you even knew existed? You may need to get...
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Episode 5 - "Legal Contention" Questions in Depositions
"Legal contention" questions have been widely ruled objectionable in depositions. But what are they? What should you be listening for in order to spot them? Why is it okay to ask them in interrogatories, but not in...
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Episode 4 - What is the "Right" Style for Deposing Witnesses?
What's the "right" style for deposing witnesses? Full-on confrontation, using your best evidence to attack the witness's views? Or something more subtle, to lay the groundwork for an ambush at trial?
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Episode 3 - "I Demand A Yes or No Answer"
In this episode, we answer the question, "Can a lawyer demand the deponent limit his or her answers to 'yes' or 'no'? Or can the witness go beyond a strict yes-or-no question to add context?"
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Episode 2, Part 2 - Tools for Capturing Testimony
In this second segment of Episode 2, we discuss different tools for capturing sworn testimony, including affidavits. Part I focused on depositions and EUOs. This part focuses on affidavits, tips for choosing which...
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Episode 2, Part 1 - Tools for Capturing Testimony
In this two-part episode, we discuss three tools for capturing sworn testimony: depositions, examinations under oath (EUOs), and affidavits Part I focuses on depositions and EUOs. Part II will focus on affidavits,...
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Introduction and Welcome to the Podcast!
Our introductory episode - why we're different, why you need to listen, and what you'll learn to help you develop superior skills in the taking and defending of pretrial depositions. The podcast is exclusively...
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