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Testimony Litigation Strategies

Esquire Deposition Solutions, LLC

Beyond Witness Preparation

Thorough preparation of the deposition witness is critical to successful deposition practice. Prior to the deposition, the witness should be advised how and when to respond to questioning, the roles of counsel and the court...more

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

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

Tyson & Mendes LLP

Ten Easily Correctable Mistakes Made in Depositions

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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

U.S. Legal Support

Creating an Expert Deposition Summary

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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

Holland & Hart - Your Trial Message

Witnesses, Know What You Don’t Know: Six Principles for Your “I Don’t Recall” Answer

Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more

Butler Snow LLP

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

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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

U.S. Legal Support

Lawyer’s Guide: Deposition vs. Trial Testimony

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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

Troutman Pepper

EDVA Permits Plaintiff to Use Her Deposition as Trial Testimony

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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

U.S. Legal Support

Exploring Different Types of Depositions

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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

Esquire Deposition Solutions, LLC

Deposing the Terminally Ill Litigant

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

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

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Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Kilpatrick

A Peek Behind The Curtain: A Litigator’s Experience Serving On A Jury

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As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more

Holland & Hart - Your Trial Message

Wake Them Up: 9 Ways to Make Testimony More Engaging for Jurors

During a recent mock trial, there was one juror seated in the front, gamely struggling to keep her attention on the case. Before too long, however, we saw drooping eyelids, followed by some pretty loud snoring. Admittedly,...more

Zelle  LLP

Tales From The Trenches Of Remote Depositions

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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

U.S. Legal Support

Remote Witness Testimony: Preparing Your Witness

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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

Esquire Deposition Solutions, LLC

The 4 Reasons to Conduct a Deposition

No other pretrial discovery process rivals the deposition for its ability to alter the course of civil litigation. Depositions alone bring litigators face-to-face with key witnesses, experts, and the parties themselves in a...more

IMS Legal Strategies

How to Best Connect Trial Evidence and Witness Testimony to Case Themes

IMS Legal Strategies on

It is not unusual to hear questions or comments similar to the following from a member of a trial team. “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to...more

Nextpoint, Inc.

5 Simple Steps to Better Deposition Designations

Nextpoint, Inc. on

This post explains how to use deposition designations to your advantage for a smooth case planning and trial prep process. Testimony from a living, breathing person is always better than recorded testimony in any legal...more

Holland & Hart - Your Trial Message

Experts: Follow the Seven Commandments

I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to...more

Holland & Hart - Your Trial Message

Know the Other Side’s Three Goals for Your Deposition

So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed that you are not in the driver’s seat at this stage: The deposition is the...more

Holland & Hart - Your Trial Message

Address Anti-Expert Bias: 5 Ways

It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable...more

Holland & Hart - Your Trial Message

Play Recorded Testimony Without Creating Courtroom Naptime

If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when...more

Holland & Hart - Your Trial Message

Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own

In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and...more

Holland & Hart - Your Trial Message

Expect a Complex Response to Emotional Testimony

Kyle Rittenhouse, the then-minor charged with killing two and wounding a third at a protest in Kenosha Wisconsin in the Summer of 2020, took the stand in his own defense at his trial yesterday. The case is a kind of litmus...more

Holland & Hart - Your Trial Message

Avoid ‘Glass Houses’ Arguments When Comparing Experts

This is the general sentiment I sometimes hear when one side in an opening statement is talking about the other side’s experts...more

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