News & Analysis as of September 20, 2024

Depositions

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Federal Litigants Can’t Insist on In-Person Depositions

Esquire Deposition Solutions, LLC on 12/13/2023

Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances...more

Tales From The Trenches Of Remote Depositions

Zelle LLP on 7/24/2023

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 Four Types of Depositions

Esquire Deposition Solutions, LLC on 6/13/2023

There are four main ways to conduct a pretrial deposition in modern law practice: the deposition by written question, the in-person deposition, the remote deposition, and the hybrid deposition. Each has its strengths and...more

Federal Court: Remote Depositions Are Prudent, Effective, and Still Appropriate

Esquire Deposition Solutions, LLC on 2/2/2023

In a sign that civil trial practice hasn’t entirely emerged from the COVID-19 pandemic, a federal magistrate judge recently granted two college students’ request for a protective order blocking the University of San Diego’s...more

Cyberthreats, Remote Deposition Rulings Were Top of Mind for Readers in 2022

Esquire Deposition Solutions, LLC on 12/29/2022

Blog posts addressing the devastating threat of financial and reputational harms from ransomware attacks were the well-read communications that Esquire Deposition Solutions published in 2022. Blog posts on ransomware attacks,...more

CASE STUDY - Managing a Complex Case Virtually: The Infinity Tower Litigation

U.S. Legal Support on 9/2/2022

During the Infinity Tower litigation, U.S. Legal Support worked to ensure everyone was prepared and comfortable to keep litigation moving forward. After the onset of the COVID-19 pandemic in March 2020, U.S. Legal Support...more

How COVID-19 Changed the Court Reporting Industry for the Better

Esquire Deposition Solutions, LLC on 8/23/2022

The story of how the legal profession embraced technology almost overnight in order to keep the justice system functioning through the COVID-19 pandemic is by now a familiar one. Just as Dorothy discovered in The Wizard of Oz...more

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

Esquire Deposition Solutions, LLC on 8/17/2022

We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on 7/11/2022

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

Remote Depositions Remain a Popular Option After Covid

Planet Depos, LLC on 7/6/2022

In-person depositions are on the rise again, but remote depositions are here to stay. Even though remote depositions are no longer the only option, they remain a very convenient and increasingly efficient option. As a Planet...more

The Magnificent Seven, Part 2: More Blunt Observations from Judge Jeffrey Cole

EDRM - Electronic Discovery Reference Model on 5/6/2022

Last time, I discussed one of our favorite judges to cover on the EDRM monthly case law webinar: Illinois Magistrate Judge Jeffrey Cole, who pulls no punches when it comes to how he views lack of cooperation and other...more

North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During...

Esquire Deposition Solutions, LLC on 4/19/2022

A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with...more

How the Court Reporter Shortage Could Affect Your Case – and What to Do About It

Array on 2/28/2022

If you’ve tried to secure a court reporter recently for your litigation but have struggled to schedule one, you’re not alone. Last month, Jim Cudahy, former executive director of the National Court Reporting Association...more

Late or Untimely Discovery Responses in a Child Relocation Act Case: The Lawyer Escapes Sanctions (For Now)

Lasher Holzapfel Sperry & Ebberson PLLC on 2/17/2022

Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more

Remote Depositions Prompt Novel Court Rulings on Discovery Practice

Esquire Deposition Solutions, LLC on 10/28/2021

A prior post looked at two recent trial court rulings involving claims that witness coaching had occurred during a remote deposition, making the point that litigators can protect their clients against witness coaching by...more

Four Questions Litigators Should Ask Before Conducting an In-Person Deposition

Esquire Deposition Solutions, LLC on 9/29/2021

As the United States emerges from a prolonged period of remote legal proceedings and reduced in-person interactions to minimize the transmission of COVID-19, many litigators are weighing the desirability of in-person...more

In Pennsylvania, Facial Expressions Matter

Jackson Lewis P.C. on 8/17/2021

A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once,...more

The Uncertainty Of Uncertified Deposition Recordings: Something New We All Need To Think About

Roetzel & Andress on 7/19/2021

Remote depositions became more prevalent during the midst of the COVID-19 pandemic. But when court reporters refused to use video to record depositions because they were not certified to do so, some attorneys took the job...more

Should Virtual Depositions Survive the Pandemic? The Answer Is Yes and No.

Epstein Becker & Green on 7/9/2021

As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises as to which, if any, practices initially born out of necessity, but no longer so, should continue to be utilized. One such...more

The Room Where It Happens: Remote Depositions in a Post-COVID World

Butler Snow LLP on 6/25/2021

The use of remote depositions has spiked since COVID-related restrictions altered the landscape in early 2020, and many have predicted that this is the “new normal” for deposition practice. While the remote deposition is a...more

Litigators Share Their Best Advice for Succeeding in Remote Depositions

Esquire Deposition Solutions, LLC on 6/11/2021

For litigators, representing clients during the COVID-19 pandemic has meant developing the skill to effectively conduct a remote deposition. With few courts willing to wait for the day when in-person depositions could safely...more

16 Tips To Nail Your Next Remote Deposition or Hearing

Esquire Deposition Solutions, LLC on 6/2/2021

The American Bar Association’s Litigation Section recently gathered two experienced virtual advocates and one judge to discuss their experiences handling remote depositions and virtual trials during the COVID-19 pandemic. The...more

How is COVID-19 Affecting Legal Discovery?

Butler Snow LLP on 5/14/2021

Like all aspects of business, COVID-19 has also impacted the legal discovery process. The discovery process in a lawsuit is generally comprised of written discovery (interrogatories and requests for production of documents)...more

eBook: COVID-19’s Impact on the Future of Virtual Depositions

Esquire Deposition Solutions, LLC on 5/10/2021

Historically, face-to-face depositions have been the norm in litigation. Even as technology has advanced over the last several decades, ushering the world into the internet age, legal practice has clung to tradition. In the...more

Remote Depositions: One Year Report Card and What to Expect Moving Forward

U.S. Legal Support on 4/16/2021

A little over a year has passed since the COVID-19 pandemic caused the legal world to look towards remote depositions as an option to move litigation matters forward. In the months that followed the initial shift, I wrote two...more

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