(I so wanted to accompany this post with a still photo from the scene in Training Day in which Denzel Washington, wielding a sawed-off shotgun, tells Ethan Hawke’s character, “You know I’m surgical with this bitch!”…
Read ArticleSoundbite questions are a hallmark of depositions taken of Persons Most Knowledgeable (PMK aka Persons Most Qualified or PMQ) within an organization on certain topics. Here are some examples: “Does your company, manufacturer XYZ,…
Read ArticleI’ve written about dealing with difficult or overly coaching counsel when trying to conduct a deposition. Considering that the entire purpose for taking a deposition is to gather evidence, and a coaching or otherwise difficult…
Read ArticleIn case this term is foreign to you, a “running objection” is sometimes offered by a party taking a deposition (or during a hearing or trial) when it appears that they are going to repeatedly…
Read ArticleI previously wrote that I disagreed with the proposal to amend the California Code of Civil Procedure to limit depositions to 7 hours. Well, now we’re stuck with it.* So, I thought I would explore strategies to…
Read ArticleIt used to be that I gave no real thought to when, in the course of a lawsuit, I would serve contention interrogatories. Sometimes, I would serve them concurrently with my client’s answer to a…
Read ArticleI recently defended a fairly contentious deposition. To my surprise, my witness complained to me during a private meeting halfway through the deposition, “I wish you’d really give it to him. If I was a…
Read ArticleI’ve been embroiled in a multi-week deposition bonanza in a religious discrimination case. Yesterday, though, I experienced a first. We were deposing the plaintiff. Her lawyer is very seasoned. While my co-counsel was conducting…
Read ArticleIn his book, Litigation, Professor James McElhaney laments the fact that civil litigators are horrified at the prospect of a blind cross-examination. As a result, he argues, “[e]very year we spend millions of dollars…
Read ArticleCalifornia Assembly Bill 1875 would limit the deposition time to 7 hours, thus mirroring the Federal Rule. There is currently no limitation at all for cases pending in California state court. Is the proposed 7 hour…
Read Article