Esquire Deposition Solutions Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules drafters up on that invitation, sometimes denying otherwise lawful discovery that, in the judge’s view, could (and should) have been conducted… Continue reading Failure to Schedule Depositions Together Was Discovery Abuse
Tag: Deposition
How Not to Defend a Deposition
Esquire Deposition Solutions “A review of the transcript demonstrates that Grosso’s deposition was a waste of time.” A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined… Continue reading How Not to Defend a Deposition
Ethical Limits on Preparing a Witness for Deposition or Trial
Stu Richeson | The Dispute Resolver In this week’s blog post, we are going to take a brief look at ethical issues associated with preparing a witness for a deposition or to testify at trial. Most attorneys would agree that it is permissible to meet with a witness before the witness’s deposition to discuss what… Continue reading Ethical Limits on Preparing a Witness for Deposition or Trial
Should Paralegals Participate in Depositions?
Esquire Deposition Solutions The Ohio Board of Professional Conduct recently considered an interesting issue related to deposition practice: whether or not nonlawyers such as paralegals can ethically participate in pretrial depositions. The board decided in Taking of a Deposition by a Paralegal or Out-of-State Lawyer (Ohio Board of Professional Conduct, No. 2022-13) that they may not … under… Continue reading Should Paralegals Participate in Depositions?
How Many Depositions Are Enough?
Esquire Deposition Solutions 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 increased (or decreased) by stipulation, by court order, and by local court rule. In fact,… Continue reading How Many Depositions Are Enough?