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A longtime leader in deposition services and technology, Esquire Deposition Solutions won two TopLaw 50 Awards for its articles on using ChatGPT for depositions and stipulations for remote depositions," says TopLaw publisher Neil J. Squillante. "This impressive feat serves as a testament that the company's blog has become a must-read for deposition insights and tips.
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When AI Compromises Expert Witness Territory
Expert’s use of artificial intelligence is continuing to create headaches for litigators. Recently a federal court in Connecticut concluded that an expert witness’s prompts into an AI tool were discoverable, a ruling that seems likely to be widely embraced. And then there was the case of the artificial intelligence expert whose report was contaminated by…
AI Prompts Are Discoverable as Expert’s Methodology
Environmental litigation in Connecticut has revealed yet another AI-related banana peel for lawyers to slip on. Namely, the discoverability of prompts provided to artificial intelligence software by the opposing party’s expert witness. Earlier this summer, a federal district court in Connecticut ruled that an expert witness’s AI prompts were within the scope of discovery under…
Indiana Court Rule Raises Stakes for AI Missteps
Effective August 1, a recently revised Indiana court rule gives that state‘s trial judges the authority to impose tough sanctions on litigants who submit any pleadings “citing fictitious legal authority.” The new rule will require attorneys to draft court filings with the greatest care, or risk crippling sanctions. The Indiana court rule, Cause No. 26S-MS-8,…
Texas Takes a Different Approach to Deposing In-House Counsel
The deposition of an opposing party’s in-house counsel is a tempting target in high-stakes litigation, but nowhere more so than in Texas, a jurisdiction more permissive than any other when it comes to deposing lawyers for the opposing party. Federal courts and nearly every other state court require that parties seeking to depose opposing in-house…
Overcoming Deposition Misbehavior: Go High When They Go Low
At first glance, the number of ways that a litigator might be subjected to sanctions for misbehavior during a pretrial deposition seems limitless. And that may be true. Human beings are good at finding new ways to commit errors. However, broadly speaking, the reasons why deposition conduct is sanctionable are actually few in number. In…
Interstate Deposition Act Adoption Approaches the Finish Line
Watching the Uniform Interstate Depositions and Discovery Act’s slow crawl toward acceptance in all 50 states can be as stimulating as watching paint dry. Forty-eight state enactments, just two more to go. What’s taking so long? Outside of a 0-0 tie after 90 minutes of FIFA World Cup “action,” nothing beats for sheer tedium the…
Class Actions, AI Threats Sharpen Data Security Concerns
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…
Georgia’s New Deposition Law Is Now in Effect: What HB 1208 Means for Your Practice
If you take depositions in Georgia, the rules that govern who can make your record just got clearer. On July 1, 2026, House Bill 1208 took effect, updating Georgia’s Civil Practice Act to require that depositions be taken before a certified court reporter — and removing the outdated requirement that testimony be captured “by stenographic…
Lack of Discovery Sends World Cup Copyright Spat to Extra Time
What part of litigation matches the creativity of soccer legend Pelé with a soccer ball? Is it as reliable as Brazil in World Cup competition? Or as outcome-determinative as Lionel Messi’s left foot? Give up? Pretrial discovery, of course! So, it’s for good reason that federal courts rarely decide courtroom contests without giving both teams…
Deposing the Plaintiff
The fifth in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: the plaintiff. The plaintiff’s deposition is rarely just another deposition. The plaintiff is the architect of the lawsuit, the person whose factual story drives the pleadings, frames the damages claim, and ultimately stands before the…
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