The Discovery Update E-Letter Articles

11Dec2015

Client Deposition Preparation

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Over my 30+ years of working for lawyers, I have seen many documents used to prepare witnesses for deposition. I decided to write one that would be easily understood by the typical lay witness. This article is not legal advice. It is a compilation of advice given by various attorneys,
05May2015

12 Important Guidelines for Foreign Language Depositions

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In Ariosa Diagnostics v. Isis Innovation Limited, the Patent Trial and Appeal Board (PTAB) set guidelines for taking foreign language depositions under 37 C.F.R. § 42.53(e). 37 C.F.R. Part 42 governs trial practice before the PTAB.  The PTAB is an administrative law body of the U.S. Patent and Trademark Office (USPTO) and includes a Trial Division and an Appeals Division. 
01Aug2014

The Problem of the Old Deposition and a New Party at Trial

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By Michael Lowry
There are different theories on the best and worst tactics for deposition practice. Even if best practices are followed and favorable deposition testimony is obtained, the shifting sands of litigation might prevent using that testimony at trial. The parties to litigation may change between the filing of a Complaint and trial.
11Dec2013

Getting the Most Out of Your Next Deposition

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For greater Accuracy and Quality, Understand the Reporting Process Experienced, professional court reporters take pride in turning out excellent work. They do this best with your cooperation. Here are some tips. Speak one person at a time Although depositions can sometimes become emotional, the court reporter cannot write down what everyone is saying if two or more people are speaking at once.
11Nov2013

Gain an Instant Advantage with Realtime

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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
01Sep2013

Beware The Words That Might Be Stuffed In Your Deponent’s Mouth

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By Alex Craigie
Anyone who has taken or even attended a deposition is at least somewhat familiar with the litany of admonitions that are customary before the substantive examination begins. These include explaining to the deponent, and generally asking her to confirm her understanding, how a deposition works, i.e.,
09Jun2012

Teamwork: Helping You Succeed

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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
01Oct2011

iPad App for Depositions

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By Michael Berman, Rifkin Livingston Levitan & Silver
Joshua Gilliland, author of the Bow Tie blog and Bow Tie Law blog, and president of Majority Opinion, LLC, was kind enough to provide me with a complimentary copy of his new iPad App, called The Deponent App. Deponent marries document assembly principles with a database of stock deposition questions that can be tailored by the user and assembled into an outline for questioning during the deposition.
01May2011

Using an iPad to Recreate a Scene in a Deposition

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By Jeff Richardson
When taking a deposition of an adverse witness, I sometimes want to pin down a witness on exactly where he was standing or where some other events took place.  This can be difficult with simple questions and answers because even if the witness gives one explanation for where things took place,
01Nov2010

Preparing for Your First Deposition

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By George T. Williams, Cutting Edge Training
“It” happened.  You have been named as Defendant in a civil rights lawsuit in either state or federal court resulting from a force response incident.  You were served with the lawsuit some time ago.  You have met with your civil attorney (who may or may not work for your jurisdiction’s Attorney’s Office). 
01Oct2010

Deposition Stipulations or Do You Know What You’re Giving Up?

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By William A. Daniels
Please note: this article refers to California law. We all know about admonitions and we all use them more often than not to start a deposition. Sometimes, dispensing with admonitions with a well-coached witness helps unbalance the carefully prepared testifier, which means there’s a heightened chance of obtaining testimony that more closely resembles the truth.
01Sep2010

Safeguarding Against Deposition Omissions

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By Brad Bradshaw, Bradshaw Litigation Consulting
If a witness has been adequately prepared for his deposition he knows that he is not going to be able tell his side of the story. Instead, it is a lot like playing a game of Twenty-Questions. One person asks questions and the other person answers questions.
01Apr2010

Appropriate Objections in a Deposition

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By Gordon Levinson, Ph.D., Levinson Law Group
Have you ever taken a deposition and had your opponent continually assert inappropriate objections? One after the other: “Irrelevant” “hearsay” “assumes facts not in evidence,” “calls for an opinion.” Obnoxious, isn’t it? Or worse yet, an attorney makes speaking objections blatantly designed to coach the witness,
01May2009

Deposition Preparation with Technology

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I have taken and defended a good number of depositions.  Preparing for deposition requires thoroughness, thoughtfulness, and not being tied to your question outline like a student actor reading a script.  Whether you are “old school” or “new school,” there are many ways to enhance your deposition practice with litigation support software.
01Apr2009

Adverse Depositions: Most Do Them Wrong

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By Robert Musante, National Speaker, Deposition Cross-Examination Skills
Of all the many aspects of civil litigation that attorneys can shape to their client’s advantage, the skill wielded when taking adverse depositions most often, most dramatically determines case outcome, whether by settlement or trial. Yet, awkward truth be told, no law school or law firm (of which I’ve become aware in the course of presenting deposition seminars to more than 30,000 litigators in 40 states) teaches the eminently learnable discipline of deposition cross-examination: the one,
01Dec2008

Deciding Who To Depose (part 2)

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By Stewart Weltman, Esq.
In Part I of “Deciding Who to Depose” I discussed why a blunderbuss approach to creating a deposition program is inadvisable – both because of litigation costs and litigation strategy.  This article is about the basic decisional approaches that one needs to take in order to develop a meaningful deposition program designed to get your case properly prepared for summary judgment and trial.
01Nov2008

Deciding Who To Depose (Part 1)

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By Stewart Weltman, Esq.
This article is about deciding who should or should not be deposed during discovery.  Most lawyers will look at the written discovery (interrogatory answers provided by the other side identifying who may have information about the facts and the other’s side’s document production) along with information provided to them by the client and then depose anyone who has had any connection to the case whatever.
14Aug2008

Locating Past Expert Testimony

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It is frequently useful to know what an expert has said in the past, both for impeachment and to make sure the opposition doesn’t dig up any surprises on your expert. Since we have over 100,000 deposition transcripts archived, we have had requests from clients to act as a transcript service to help them locate past testimony of experts.
01Jun2008

Focusing a Deposition

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By James W. McElhaney
If You Know What You’re After,  You’ll Probably Learn Even More Marshall Logan, the managing partner of Simmons & Archuleta, waylaid Angus on his way into Zapata’s Chili House. “Angus!” he said, grabbing his sleeve. “They told me this is where I’d find you. I’ve got a serious problem coming up on Tuesday,
01May2008

Tips for Taking an Out-of-State Deposition

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By Amy Wilkins, Hagens Berman Sobol Shapiro LLP, Phoenix, AZ
You’ve found the star witness. This is the witness that you know holds the key to your case. With this witness’s testimony, you are sure to make the other side crumble in a summary judgment motion. They might even throw in the towel.
01May2008

How to Get the Most Out of Your Next Deposition

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For greater Accuracy and Quality, Understand the Reporting Process Experienced, professional court reporters take pride in turning out excellent work. They do this best with your cooperation. Here are some tips. Speak one person at a time. Although depositions can sometimes become emotional, the court reporter cannot write down what everyone is saying if two or more people are speaking at once.
11Oct2007

Getting the Most Out of Telephonic Depositions

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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
19Aug2002

Realtime Court Reporting: How Realtime Can Help You

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Realtime, the instantaneous translation of the court reporter’s stenographic notes into English, first caught broad public attention through its use in the O.J. Simpson criminal trial. Once primarily limited to the major metropolitan areas, its availability has spread throughout the country and we now have hundreds of reporters available to provide you with this service.