Posts by Esquire Deposition Solutions
Deposing Doctors and Medical Experts
The second in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: the treating physician. The treating physician sits at the center of nearly every personal injury case. Without the physician’s testimony, the factfinder has no credible link between an accident and the injuries claimed. That reality…
Read MoreDeposing the Expert Witness
The first in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: expert witnesses. Few depositions carry more weight than the one taken of the other side’s expert. Expert opinions often decide complex civil cases — whether the dispute concerns medical causation, lost profits, a tire failure,…
Read MoreNew York’s Part 161 Will Reshape AI Use in Depositions
Effective June 1, New York lawyers will be required to navigate a new rule governing the use of artificial intelligence technology by attorneys and parties who submit papers to New York state courts. In local jurisdictions that adopt the rule, all litigators who rely – or plan to rely – on generative AI tools to…
Read MoreRemote Depositions Shape Venue Transfer Rulings
Remote depositions are more than a convenience to litigants and witnesses, a tool to trim expenses, or a means to move civil litigation forward amid a shortage of court reporters. They’re also having an impact on the substance of the law, as courts discover that considerations of geography and travel distances are less important than…
Read MoreFederal Committee to Weigh Permitting Depositions in Criminal Cases
Federal criminal rules experts may soon begin studying something the federal criminal system has resisted for more than 80 years: allow parties to take pretrial depositions in criminal cases. A proposal to do just that landed in front of the Administrative Office of the U.S. Courts’s criminal rules advisory committee last year, and now there…
Read MoreFederal Judges Set Bar for Deepfake Evidence Challenges
A “deepfake” objection backed by nothing more than the word itself will get a litigant nowhere in most federal courtrooms, according to a recent survey of federal judges and magistrates. This conclusion emerges from a survey released March 25, 2026, by the Federal Judicial Center. The Administrative Office of the U.S. Courts’s Advisory Committee on…
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