Navigate Litigation 2.0

At a time when remote depositions are commonplace, litigators weigh any number of factors when deciding whether a deposition should be conducted in-person or remotely. Does the case turn on the credibility of the witness, and does the litigator believe that credibility can be more accurately evaluated during an in-person deposition? Does the trial court…

Earlier this year this blog reported that Texas was on the verge of adopting the Uniform Interstate Depositions and Discovery Act, a uniform law that streamlines the process for obtaining discovery from witnesses outside the state where the litigation is being conducted. With UIDDA in place, Texas lawyers will have a new, more efficient process…

No other pretrial discovery process rivals the deposition for its ability to alter the course of civil litigation. Depositions alone bring litigators face-to-face with key witnesses, experts, and the parties themselves in a trial-like setting where the deponent can be heard from directly, largely without the assistance of counsel. Through depositions, litigators discover case-critical information,…

“I shot the clerk?”  Or was it “I shot the clerk.” Accurate punctuation can affect the guilt or innocence of a litigant. Punctuation can also save lives: “Let’s eat, grandma,” or “Let’s eat grandma.” A court reporter, whether stenographic, voice, or digital, is charged with the responsibility to ensure the accurate capture of the spoken…

The rapid transition to technology-enabled remote court hearings shows no signs of abating, with several state supreme courts proposing in recent weeks amendments to civil procedure rules that would standardize virtual justice norms in their jurisdictions. These rules changes deserve careful scrutiny from litigators. Proposals that would establish technology standards and fairness rules for remote…

Ever since the Uniform Law Commission published the Uniform Interstate Discovery and Depositions Act in 2007, the disinterest among Texas lawmakers to adopt the law has been both a curiosity and, to a small extent, a failure of the uniform law process. Curious, because UIDDA offers clear benefits to any state that adopts it. UIDDA…