The Discovery Update – April 2008


The Discovery Update – April 2008

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April 2008

From the President

This month, our feature article talks about the advantages of using video depositions at trial – which can transform an ordinary deposition into a compelling piece of testimony. The article also offers ways to conduct and produce video depositions most effectively.

Videographers can be scheduled along with court reporting services in any city nationwide. We’re finding this to be one of the fastest growing areas of our business, and we hope that you continue to take advantage of us in that way.

We value your suggestions and comments about The Discovery Update, and we welcome articles you have written on discovery that would benefit our readers, as well.

Best regards,
Sheila Atkinson-Baker

Video Depositions Offer Advantages at Trial

By Dick Dahl
St. Louis Daily Record

In May, 2006, Jurors in a federal courthouse in eastern Louisiana were asked to watch and listen as the image of a hospital risk manager appeared on the court’s huge video screen.

It was a key moment in a trial that pitted one hospital against another for providing a glowing job recom-mendation about a doctor known to have drug abuse problems. The significance of the deposition was two-fold. First, the witness testified she was certain the hospital knew the doctor was diverting Demerol for personal use; second the deposition was conducted before Hurricane Katrina caused potential witnesses to scatter across the country.

Although the deposition had been taken two years earlier, the immediacy of the videotaped testimony on the big screen was a turning point in the trial and helped win an $8.2 million verdict in a complex insurance/med-mal case, according to the plaintiff’s attorney, J. Ric Gass.

Read Full Article>>

Should You Save Internet Cache?

By Ralph Losey
Co-Chair, e-Discovery Group;
Chair, ERISA Litigation Group
Akerman Senterfitt, Orlando, FL

Does the duty to preserve potential evidence require you to save your Internet cache? A district court in Pennsylvania recently addressed this issue, and, indirectly at least, said NO. Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, 2007 WL 2085358 (E.D. Pa. June 20, 2007). The court held that the defendant’s automatic and unwitting deletion of cache files did not constitute spoliation, and did not warrant any kind of sanctions, even though potential evidence had been destroyed.

The court did not squarely hold there was no duty to preserve Internet cache per se; instead, it held that, in this case, the destruction of evidence contained in the temporary cache files was accidental, and was not prejudicial, so no sanctions were appropriate.

Read full article>>

Video Depositions Offer Advantage at Trial

Should You Save Internet Cache?

Dangers in e-Discovery

Depositions: The “Show Him the Document” Objection

Schedule Your Depo Now!

Dangers in e-Discovery
Read article »
What’s On Your Witness’s MySpace Page?
Read article »
How to End a Deposition
Depositions: The “Show Him the Document” Objection 

The Court:  You may call your next witness.

Attorney: Your Honor, at this time I would like to swat opposing counsel on the head with his client’s deposition.

The Court:  You mean read it?

Attorney:  No, Sir. I mean to swat him on the head with it. Pursuant to Rule 32, I may use the deposition “for any purpose” and that’s the purpose I want to use it for.

© 2008