Because we know that the success of your depositions is of the utmost importance to you and your clients, we continue to focus on providing you with useful tips, tools and information in our e-newsletters.
To this effect, this month our feature article is about how to recreate a scene for a deposition by using an iPad. The iPad is quickly gaining momentum as a reliable tool for trial preparation, and our goal is to provide you with information that you can use in your practice.
As always, we invite you to send us any articles or tips you may have regarding the discovery process so we can share them with our readers, as well.
Using an iPad to Recreate a Scene in a Deposition
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, mere words may give the witness some wiggle room to later say that it happened differently.
A good solution is to be armed with a picture of the area so that the witness can identify exactly where, in the picture, events took place. Of course, in a discovery deposition, you may not always know beforehand what the witness will say, so it can be difficult to arrive armed with every possible picture from every possible angle.
Virginia prosecutor Rob Dean recently wrote a useful post on WALKINGOFFICE, his blog for lawyers who use an iPad. I give Dean full credit for this idea; I have simply expanded upon it a bit in this post. If your witness describes an event that took place on a public street, you can use the built-in Maps app on your iPad to plug in the address or the intersection at issue.
Let’s say, for example, that a witness tells me that an event took place across the street from Jackson Square in New Orleans. If I have a street address, I can plug that into the Maps app. Or if I have a popular place name, such as “Jackson Square” I can plug that in. Read full article >>
The Confirmation of Existence…of Responsive ESI
By Joshua Gilliland, Esq.
EEOC v. JP Morgan Chase Bank, N.A., is a gender discrimination case with multiple discovery disputes. EEOC v. JP Morgan Chase Bank, N.A., 2011 U.S. Dist. LEXIS 34409, 6-7 (S.D. Ohio Mar. 30, 2011).
One request for production called for “[w]hatever hardware, software, files, metadata, and properties in Defendant’s possession that shows Aimee Doneyhue herself created the purported resignation letter dated 4/30/08.” JP Morgan Chase Bank, N.A., at *6.
The Defendant countered that the former employee’s computer had been reassigned and that the Defendant was “unable” to recover any responsive information, but would supplement their response if any ESI were later recovered. Id. Read full article >>