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Trial Preparation Federal Rules of Civil Procedure Depositions

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

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...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

Esquire Deposition Solutions, LLC

How Requests for Admission Can Trigger Right to Recovery of Deposition Costs

A recent blog post here examined the circumstances under which a prevailing party in litigation can obtain reimbursement for deposition-related costs in federal courts. The rules are complicated, constrained by the statutory...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

Esquire Deposition Solutions, LLC

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...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

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

Federal Litigants Can’t Insist on In-Person Depositions

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

Esquire Deposition Solutions, LLC

Keeping Deposition Transcripts Confidential in the Internet Age

Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more

Esquire Deposition Solutions, LLC

Court Ruling Shows (Again) How Depositions Save Money in Litigation

The international law firm McGuire Woods recently published a news note, Virginia Court Holds School Board Immune From Virginia Human Rights Act Claims, explaining how a local school board successfully raised a sovereign...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

Esquire Deposition Solutions, LLC

Are Costs for Stenographic and Video Copies of the Same Deposition Taxable?

Yes absolutely, but with one caveat. Counsel should not overlook the requirement to carefully document the necessity of any costs claimed to be taxable. This includes costs for videotape copies of depositions....more

Array

Four Tips for Avoiding a Subpoena Horror Story

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Does the thought of improperly preparing subpoenas for litigation keep you up at night? Given the heavy workloads and tight deadlines attorneys and paralegals routinely face, it’s all too easy for errors to slip through in...more

Snell & Wilmer

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

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The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more

Esquire Deposition Solutions, LLC

Should Cost Considerations Drive Broader Use of Remote Depositions?

The COVID-19 pandemic taught the legal community that technology can be deployed to effectively serve clients and resolve disputes remotely, if necessary. Suddenly stripped of their ability to meet in-person, lawyers and...more

Esquire Deposition Solutions, LLC

Interstate Depositions and Discovery Act Widens Footprint

Nebraska has become the latest state to modernize its rules for taking depositions across state lines. The UIDDA is now effective in 43 states, the District of Columbia, and the U.S. Virgin Islands. On Jan. 27, the Nebraska...more

Esquire Deposition Solutions, LLC

The Importance of Reviewing the Deposition Errata Sheet

For litigation attorneys, the wrap-up process at the close of a deposition is a familiar scenario: The taking attorney will state that he or she has no further questions, after the opposing attorneys have done the same. The...more

Reveal

Using Video Deposition Testimony for Opening Statements & Closing Arguments

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Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more

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