Posts by Esquire Deposition Solutions
Are Costs for Stenographic and Video Copies of the Same Deposition Taxable?
Yes absolutely, but with one caveat. Counsel should not overlook the requirement to carefully document the necessity of any costs claimed to be taxable. This includes costs for videotape copies of depositions. Rule 54(d) of the Federal Rules of Civil Procedure provides that the prevailing party in civil litigation can recover its costs and attorneys’…
Read MoreFederal Court: Remote Depositions Are Prudent, Effective, and Still Appropriate
In a sign that civil trial practice hasn’t entirely emerged from the COVID-19 pandemic, a federal magistrate judge recently granted two college students’ request for a protective order blocking the University of San Diego’s attempt to conduct their discovery depositions in person. The case, In re University of San Diego Tuition and Fees COVID-19 Refund…
Read MoreCyberthreats, Cost-Conscious Clients Loom Large in 2023
The end of the calendar year is traditionally an opportunity to reflect on the past and to look ahead – for opportunities and for danger signs. In our corner of the legal services industry, four trends appear worthy of consideration at the present moment. They are: increased demands for technology adoption within legal departments and…
Read MoreIndiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings
Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the proceeding, litigators are being asked either to show “good cause” for holding a presumptively in-person proceeding remotely or, on…
Read MoreDo You Have Good Cause for a Remote Deposition?
For litigators seeking to conduct a deposition remotely over an opponent’s objection, the watchword is “good cause.” Good cause is required to obtain permission for a remote deposition. A different kind of good cause is necessary to present remote testimony instead of live testimony in a federal courtroom. Yet another, often more permissive, kind of…
Read MoreeBook: The Deposition Is Over, Now What?
Experienced litigators know that a few moments of reflection and planning at the end of a deposition pay big dividends down the road. The deposition’s conclusion is the time to tie up loose ends with opposing counsel, reaffirm any stipulations that might have been made, ensure that the court reporter is properly instructed, and create…
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