Posts by Esquire Deposition Solutions
New York Courts Weigh Improvements to Pretrial Conferences
In theory, pretrial conferences streamline litigation by setting discovery deadlines and encouraging parties to take a hard look at all relevant issues in the case and, if possible, reach a settlement before trial. In practice, however, pretrial conferences often fall short of this ideal. They can be go-through-the-motions affairs conducted by lower-level associates who are…
Read MoreHow to Navigate Common Remote Deposition Trouble Spots
Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can effectively, and efficiently, introduce and use digital exhibits. And they worry that the remote environment is an invitation for mischief. Fortunately,…
Read MoreABA Urges Lawyers to Raise Their Cybersecurity Game
The American Bar Association has again called on law firms to do more to protect their computer systems from intrusion by bad actors. The ABA’s House of Delegates approved Aug. 8 a trio of resolutions addressing cybersecurity topics – all with essentially the same message: Law firms have a vital role in protecting confidential information entrusted…
Read MoreAvailability of Remote Depositions May Pressure Expert Travel Expenses
Reasonable expenses for an expert witness deposition surely include the expert’s travel time, airfare and hotel accommodations. Right? It’s true that litigators are free to make their own financial arrangements regarding the payment of an expert’s fees and deposition-related charges. Charges for travel time, business-class airfare, meal allowances, and accommodations for multiple nights at business-class…
Read MoreCourts Want to See Just the Relevant Portions of Deposition Transcripts
In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the need for trial altogether. Deposition testimony can only serve this purpose, however, when it is properly cited and presented for the trial judge’s…
Read MoreCourt Ruling Shows (Again) How Depositions Save Money in Litigation
The international law firm McGuire Woods recently published a news note, Virginia Court Holds School Board Immune From Virginia Human Rights Act Claims, explaining how a local school board successfully raised a sovereign immunity defense to defeat several potentially expensive state-law civil rights claims. Along the way, the article’s author identified two reasons why the…
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