Esquire Viewpoint: Getting you ready for what's next in litigation
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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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Obstructive Deposition Behavior Leads to Suspension of Maryland Attorney’s License
“Discovery is a taxing experience for attorneys and their clients. At times, personalities clash, which may permeate litigation through frivolous motions and vexatious arguments, as Respondent has participated in here. This behavior is caustic to the legal profession and particularly dangerous to the public when attorneys fail to recognize their misconduct.” Maryland Attorney Grievance Commission…
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Interstate Deposition Act Nearing Total Adoption Across Country
Three state legislatures — Texas, Massachusetts, and Missouri — are considering legislation this year to adopt the Uniform Interstate Depositions and Discovery Act, a law that creates a standardized and efficient procedure to obtain deposition testimony from witnesses outside the reach of local state courts. If UIDDA is adopted during these states’ current legislative sessions,…
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Should Paralegals Participate in Depositions?
The Ohio Board of Professional Conduct recently considered an interesting issue related to deposition practice: whether or not nonlawyers such as paralegals can ethically participate in pretrial depositions. The board decided in Taking of a Deposition by a Paralegal or Out-of-State Lawyer (Ohio Board of Professional Conduct, No. 2022-13) that they may not … under any…
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Court Reporters Say Time Demands, Safety, Audio Quality Support Preference for Remote Depositions
Not so long ago, a deposition was an in-person deposition. And court proceedings took place inside the courthouse. No exceptions. But the legal profession’s embrace of technology to keep law practices running and caseloads manageable during the COVID-19 pandemic transformed the justice system. A deposition during the pandemic was a remote deposition. And court proceedings…
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The New “Usual Stipulations”
According to news accounts, a recent discovery deposition in a Pennsylvania business dispute went off the rails when defending counsel refused to agree to “the usual stipulations.” The attorney’s refusal to agree to “the usual stipulations” — a bit of gamesmanship, perhaps — was a prelude to a testy, objection-filled deposition that lasted less than…
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ABA Publishes Best Practices for Success in Remote Depositions
Remote depositions now are a fixture in modern litigation practice, a fact that has not gone unnoticed by the nation’s largest bar association. On Feb. 6, the American Bar Association’s House of Delegates approved the publication of six best practices for litigators to follow when conducting remote depositions. A memo accompanying Resolution 505 Best Practices for…
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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’…
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Federal 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…
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Cyberthreats, 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…
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Indiana 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…
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