Posts by Esquire Deposition Solutions
How Not to Defend a Deposition
“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 to make…
Read MoreNo Transcript, No Appeal
Last week’s blog touched briefly on the need to provide appellate courts with an adequate record of trial court proceedings that are the subject of an appeal. Without an adequate record – in almost all cases, a verbatim written record – there is no way for any litigant to successfully appeal an unlawful trial court…
Read MoreTerminating Sanctions for Deposition-Related Misbehavior
The conclusion of the baseball season is an apt occasion to reflect on the wisdom of New York Yankee great Yogi Berra’s remark, “You can observe a lot by watching.” What Berra meant to say, we imagine, is that close observation of anything will yield valuable insights and strategic advantage over inattentive participants in the…
Read MoreBeyond Witness Preparation
Thorough preparation of the deposition witness is critical to successful deposition practice. Prior to the deposition, the witness should be advised how and when to respond to questioning, the roles of counsel and the court reporter, and how to appear and behave during the deposition. A well-prepared witness will also appreciate the strategic importance of…
Read MoreCourts Sort Through Deposition Format Spats
The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are largely confined to special circumstances where in-person proceedings are believed to have a critical impact on litigation objectives. Disputes are uncommon: negotiations occur, and depositions…
Read MoreTaking Depositions in Mexico
Depositions of witnesses residing in Mexico, at one time a relatively rare occurrence, are becoming commonplace for large law firm litigators. This is because many U.S.-based businesses have relocated manufacturing operations in Mexico in order to take advantage of free trade agreements, lower costs for skilled labor, and proximity to U.S. consumers. General Motors, Ford…
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