News & Analysis as of

Depositions Discovery Video Recordings

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

EDRM - Electronic Discovery Reference Model

Takeaways From Felder v. MGM National Harbor

​​​​​​​Felder v. MGM National Harbor, LLC, 2024 WL 3690779(D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session.  That,...more

Esquire Deposition Solutions, LLC

Taxation of Deposition-Related Costs in Federal Courts

As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own...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

Planet Depos, LLC

Impacting the Jury with Multimedia Depositions (Updated)

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With improvements in technology, it’s becoming more and more common for attorneys to use a projector to display their exhibits at trial so the jury can see and better absorb the testimony that accompanies each exhibit. But...more

Planet Depos, LLC

12 Important Tips When Preparing For Videotaped Depositions (Updated)

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We’re sharing our list of important tips for you when you prepare for videotaped depositions: Include “Videotaped” in your Notice of Deposition...more

Esquire Deposition Solutions, LLC

Litigation Is Starting to Resemble Reality TV

Ever since the ABA advanced the principle that “competent representation” includes the duty of technology competence, lawyers have developed an understanding of the many ways in which technology affects law practice and the...more

Saiber LLC

District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant Photos

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On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more

Esquire Deposition Solutions, LLC

62-Hour Trek to Palau or Remote Deposition From Home? You Be the Judge

Palau is an island archipelago in the Pacific Ocean. The local economy depends on tourism, mainly from visitors interested in snorkeling and scuba diving along its beautiful barrier reefs. Tourism aside, the Palau economy is...more

Esquire Deposition Solutions, LLC

Fear Factor: The Remote Deposition Episode

Imagine a world where your greatest fears become reality. You’re in the middle of a deposition, frantically searching for a critical electronic document that’s nowhere to be found on your laptop. Opposing counsel is...more

Esquire Deposition Solutions, LLC

When to Consider a Remote Video Deposition

A deposition traditionally happens in a conference room, where lawyers for both parties, the witness, and the court reporter can all sit around the table. While it can be beneficial to stare into the eyes of the witness while...more

Esquire Deposition Solutions, LLC

4 Benefits of Professional Videography in Depositions

It’s often said that 93 percent of communication is nonverbal. While this figure is a misrepresentation of the research on which it is based, the reality is the things people say actually capture a very small percentage of...more

Hogan Lovells

U.S. Court Allows Video Deposition Over EU Deponent’s Privacy Objections

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A U.S. court has recently ruled that an EU citizen’s privacy rights and the GDPR do not trump a U.S. litigant’s right to obtain discovery, including video-taped depositions....more

Planet Depos, LLC

7 Handy Tips for Scheduling a Deposition

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The process of scheduling a deposition can have several moving pieces, from counsel’s and the witness’s schedule to arranging for a court reporter, videographer, and/or interpreter. And then there’s finding an appropriate...more

Planet Depos, LLC

The Pros and Cons to Camera Placements

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Video depositions can be beneficial to your case, as they can show the witness’s facial expressions, body language, changes in the inflection of the witness’s tone of voice and pauses before answering. To ensure the best...more

Planet Depos, LLC

What To Consider When Selecting A Room For Your Video Deposition

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When setting up a video deposition, there are several important components to consider. The first order of business is determining your client’s availability, as well as that of opposing counsel. Other considerations include...more

Gray Reed

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

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Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Planet Depos, LLC

International Depositions: Should I Stay or Should I Go?

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Should I stay or should I go? Not only is this a catchy 1980s hit single, but it’s also a common question from attorneys and paralegals when planning depositions abroad. With the advancement of video streaming technology,...more

Planet Depos, LLC

International Videoconference Testimony for Trial

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Do you have a client who will be testifying in a trial overseas via videoconference from the United States? Sounds easy enough, but there are quite a few things to consider. Time Difference – If your client is testifying...more

Planet Depos, LLC

Going the Extra Mile(s)

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Have you ever had one of those days when you just knew that things wouldn’t go as planned? You just knew when you woke up that morning that the universe wasn’t properly aligned? Dallas to Houston is a long last minute...more

Carlton Fields

Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

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Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more

Planet Depos, LLC

Depositions in Paris

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Taking depositions in Paris sounds like a glamorous time, until you read the fine print, that is. Your head likely will be spinning so much that you may as well be reading French. Unless, of course, you are fluent in...more

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