How to Prevent Executives from Saying the Wrong Thing When Testifying
Law School Toolbox Podcast Episode 328: Listen and Learn -- Expert vs. Lay Witness Testimony (Evidence)
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Devil in the Details: Gilbert King on Truth and Transparency in the Judicial Process
Podcast - Rule 4: Be a Relentlessly Polite Witness
Podcast - Rule 2: Remember, You Are On The Record
Podcast - Rule 1: Witness, Take Your Time
Three Witness Excuses to Avoiding Preparing
A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more
In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more
Are personal injury plaintiffs legally required to testify at their trials? Actually, not. Under the right circumstances, deposition testimony can be used in lieu of live trial testimony if the trial court finds that the...more
Nearly 150 years after Miles Bartholomew introduced the first shorthand machine, the various technologies and tools utilized to record court proceedings and legal matters continue evolving. Today, realtime deposition...more
This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more
Depositions are easy if you remember their purpose. A deposition is a record the attorneys are making. Clarity and thoroughness are paramount. In this article, we’ll discuss ten common mistakes attorneys might be making in...more
This blog post is the second in a series on common ethical challenges that arise when preparing for and conducting depositions. What is a litigator ethically bound to do when a client lies during a deposition? This is not an...more
When preparing for trial, depositions play a foundational role, critical to the discovery phase. After the deposition, having a succinct, accurate deposition summary is a strategic component of developing and refining case...more
With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more
The testimony given at a deposition vs. testimony during a trial have a lot in common. They’re both sworn under oath, under penalty of perjury, and part of official court records. There’s a longer list, however, of how they...more
It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial...more
Depositions are essential to gaining a full understanding of a case, and the resulting transcripts are a key building block of any winning argument. But between managing several transcript and video files, adding notes and...more
Though typically conducted in a conference room, a deposition can take place in many locations and through a variety of methods. So long as you capture a verbatim record, either face-to-face or remotely through the use of...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more
If you have been to a deposition, you have heard both improper questions and improper objections. Rarely, however, do court opinions or rules focus on whether counsel’s behavior violated the Rules of Professional Conduct. I...more
The lines between witness preparation and improper coaching are gray. According to the ABA, “[T]he task of delineating what is necessary and proper and what is ethically prohibited during witness preparation has become more...more
Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate....more
Embrace the New Archetype in Transcript Management and Supercharge Your Outdated Litigation Process - Deposition transcripts have played a key role in case building since the dawn of our modern legal system. But the ways...more
What do music composers, biochemists, and lawyers have in common? All three professions rely on transcription—an accurate capture of either musical notes, DNA nucleotides, or spoken words. The classic definition of...more
Depositions are a potent pretrial discovery and trial preparation tool. They allow parties to gather information regarding any non-privileged matter that is relevant to a party’s claim or defense. Through depositions,...more
30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more
Legal AI can help litigators gain a real competitive advantage in depositions - In litigation, depositions are a crucial part of discovery. It’s an opportunity to elicit testimony from a witness—testimony the outcome of a...more
After the COVID-19 pandemic shook the world in early 2020, many industries pivoted to conducting business in ways that reduced or eliminated face-to-face interactions. Fortunately, with internet capability generally...more
The number of remote legal proceedings hit a peak a few years back, but the end of the COVID-19 public health emergency doesn’t mean a reversal to pre-pandemic logistics. While they can have some drawbacks, virtual...more