Posts by Esquire Deposition Solutions
Taxation of Deposition-Related Costs in Federal Courts
As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own attorneys’ fees, regardless of outcome. The spirit of this rule applies to other litigation-related costs as well: the losing side in civil litigation typically…
Read MoreSkeptical Magistrate Rebuffs Demand for In-Person Deposition
If we can do weddings, funerals, healthcare, work, and trials via videoconference, surely we can do the same with depositions. And with that closing remark, a federal magistrate judge summarily dispatched one litigant’s demand that her opponent be ordered to travel across the Atlantic Ocean to sit for an in-person deposition. The case, McCabe v.…
Read MoreDeposing the Terminally Ill Litigant
Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate. Although seriously injured or terminally ill plaintiffs may no longer be a party to their legal actions, their testimony is often crucial to the value…
Read MoreHow Emotional Intelligence Can Improve Deposition Outcomes
We’ve written a lot here about the leading traits of effective litigators and the growing role that aspirational values such as professionalism and civility might play in a successful litigation practice. Articles on the need to be reasonable during discovery disputes, on the ways in which a litigator might be responsible for a client’s disrespectful…
Read MoreProceed With Caution on Out-of-State Depositions
Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the rules governing multi-state practice and the process for gaining temporary permission to represent clients before an out-of-state tribunal is a…
Read MoreWisconsin Lawyers May (But Shouldn’t) Secretly Record Others
In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never knows when an accurate and credible record of a conversation might be useful. In all but a…
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