Esquire Deposition Solutions The first in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: expert witnesses. Few depositions carry more weight than the one taken of the other side’s expert. Expert opinions often decide complex civil cases — whether the dispute concerns medical causation, lost profits,… Continue reading Deposing the Expert Witness
Tag: Deposition
When Depositions Are the Least Burdensome Form of Discovery
Esquire Deposition Solutions Civil litigators accustomed to treating depositions as the most expensive option in pretrial discovery may want to reconsider. In some situations, a deposition can prove less burdensome than interrogatories or document production requests — particularly when a party faces the daunting prospect of collecting, reviewing, and producing large volumes of electronically stored… Continue reading When Depositions Are the Least Burdensome Form of Discovery
Failure to Schedule Depositions Together Was Discovery Abuse
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
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