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…

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No 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…

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Beyond 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…

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Courts 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…

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Taking 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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