Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

“By failing to prepare, you are preparing to fail” Benjamin Franklin In our office, my law partner and wife, Lita Barnett Luvera, legal responsibilities included preparing clients and witness for their deposition. Too often, lawyers tend to schedule an hour or two in their office on the day of the deposition to prepare their client.

Depositions 100

Depositions Interrogatories Witnesses Exhibits 100

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

There are a volume of available ideas and outlines for the discovery deposition of a medical malpractice expert including advice to not take the deposition at all in some circumstances. FULL DETAILS 5 HOW MANY PAST DEPOSITIONS GIVEN? CHARGE PER HOUR a. PREPARATION WORK b. DEPOSITION TIME c. TRIAL 2.

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

Attorney at Work

JULY 22, 2021

But there was a moment where I was able to point the judge to a sentence in my brief referring to a piece of evidence in the case. I remember thinking that it is all about the evidence. I started Clearbrief to help lawyers find the evidence that supports their arguments and wins the case. I saw the judge change his mind.

Legal Arguments 246

Legal Arguments Evidence Technology Legal Precedent 246

Attorney at Work

MARCH 15, 2022

One of my attorney-clients begins the new year by revisiting her retainer agreement and reading the evidence code cover to cover. You may want to include an automatic replenishment of the deposits on credit cards. It may not be the evidence code for you, but each of us has some piece of the library that is critical to our practice.

Evidence 256

Evidence Depositions Technology 256

Optima Juris

DECEMBER 9, 2024

As the need for efficient evidence-gathering persists, adopting remote depositions has become a powerful and prevalent solution. Fortunately, with the right technology, there is almost no barrier to conducting this more practical and cost-effective type of deposition, especially internationally. Hiring a trained U.S.

Depositions 52

Depositions Exhibits Evidence Arbitration 52

E-Discovery LLC

MARCH 6, 2025

Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Depositions 130

E-Discovery LLC

DECEMBER 19, 2024

Plaintiffs later noted the deposition of a non-party, Dr. Fanning on March 29, 2024. Fanning and well before the deposition. The court also wrote that: The parties attempted to postpone Dr. Fannings deposition to allow time to review the Fanning Documents, but the court denied the request. Objections were due by July 10 th.

Depositions 130

Depositions Subpoenas Evidence Discovery 130

E-Discovery LLC

JANUARY 31, 2025

To the extent Plaintiffs contend they need additional time to complete negotiations concerning ESI custodians and search terms, the evidence before the Court suggests the parties have reached agreement on these points, given that Defendants have agreed without qualification to Plaintiffs proposed search terms and custodians.

Discovery 130

Discovery Depositions Court Rules Evidence 130

E-Discovery LLC

AUGUST 16, 2024

If StubHub provides it, and Plaintiffs don’t understand it, they should serve a 30(b)(6) deposition notice. In that time, StubHub has taken 35 depositions and moved for summary judgment. By contrast, Plaintiffs have taken one deposition, and that deposition wasn’t even their idea. We need to know who did what.

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

OCTOBER 17, 2024

They also sought the former attorney’s deposition regarding the alleged offer. When it came to the request for a deposition , the court wrote: Lastly, Plaintiffs request a deposition of former Town Attorney Nugent in connection with his role in making the alleged quid pro quo as outlined in Plaintiffs’ motion papers.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

The Cloud Court Blog

APRIL 2, 2024

The reference model is called the Testimony Evidence Reference Model or TERM. Legal proceedings hinge on two types of evidence: documentary and testimonial. While eDiscovery tools have revolutionized documentary evidence management, testimonial evidence still lacks a structured framework. That's where TERM comes in.

Evidence 52

Evidence Depositions 52

SW&L Attorneys Blog

FEBRUARY 13, 2025

Contributor: Lee Grossman What Is a Deposition? Part of the civil litigation process involves gathering evidence, known as discovery. Part of the civil litigation process involves gathering evidence, known as discovery. A deposition allows attorneys to ask questions of witnesses who provide sworn testimony under oath.

Depositions 52

Depositions Witnesses Pretrial Motions Litigation 52

The Cloud Court Blog

SEPTEMBER 28, 2022

“The deposition is the new trial.” – Jim Garrity, 10,000 Depositions Later podcast Jim Garrity, an employment attorney based in Florida, has produced scores of podcasts and published multiple books on the topic of depositions. And today, almost all testimony is in the form of deposition testimony for the reasons cited above.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

Optima Juris

OCTOBER 26, 2023

Understanding voluntary depositions in Mexico: A guide for lawyers and paralegals As a lawyer or a paralegal, you may encounter cases where you must schedule a deposition with a witness residing in Mexico. The good news is that conducting a voluntary deposition in Mexico is possible and more straightforward than you might think.

Depositions 52

Depositions Witnesses Evidence 52

Optima Juris

MARCH 6, 2023

This can make conducting a deposition a daunting task. However, with the guidance and expertise of Optima Juris, you can trust that your deposition will be handled with the utmost care and precision. Deposition Restrictions The good news is that taking U.S. depositions in Hong Kong is permissible. citizen witnesses.

Depositions 52

Depositions Witnesses Evidence 52

E-Discovery LLC

OCTOBER 22, 2024

DILATORY AND UNPERSUASIVE CHALLENGE TO DEPOSITION NOTICE “The Court need not resolve the factual skirmish over whether Washington agreed to the topics in NNI’s Rule 30(b)(6) notice to resolve the motion. The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” emphasis added).

Objections 130

Objections Depositions Discovery Witnesses 130

Optima Juris

MAY 31, 2024

Under this partnership, Optima Juris will provide a wide range of hearing services, including court reporting, for all AAA-ICDR hearings and depositions. At Optima Juris, we are proud to be recognized as a global leader in customized deposition and hearing services. They excel in transcribing both hearings and depositions.

Arbitration 52

Arbitration Depositions Exhibits Evidence 52

Optima Juris

MAY 11, 2023

It can be challenging to schedule a deposition in India due to the extra steps involved. Optima Juris has over 23 years of experience setting up depos in India, and we put this easy-to-read guide on how to set up a hassle-free deposition in India. Hybrid Deposition: Attorneys participate remotely via ZOOM. Don’t worry!

Depositions 52

Depositions Witnesses Arbitration Evidence 52

Optima Juris

JUNE 6, 2023

Looking for hearing services or a court reporter for a deposition in Israel? Our in-house deposition experts created an easy step-by-step guide to help get you started. What you need to know Deposition Restrictions. Good news — taking voluntary depositions of U.S. How to depose a willing witness. Depo Venue.

Depositions 52

Depositions Witnesses Arbitration Evidence 52

E-Discovery LLC

DECEMBER 18, 2024

In response to the Taylor plaintiffs, Google challenged unreasonably broad demands for discovery on discovery, [that] are unsupported by any showing that relevant evidence is missing or that Googles production is deficient or otherwise improper. Having described the facts, the court then stated the governing legal principle. Berman, et al.,

Discovery 130

Discovery Litigation Witnesses Depositions 130

E-Discovery LLC

OCTOBER 7, 2024

Fact discovery closed a day before the court’s opinion; however, it had been extended for 14 days “for the purpose of taking depositions that couldn’t be scheduled before the discovery cut-off.” In Kadrey , the plaintiffs asked the court to order the addition of five document custodians.

Discovery 130

Discovery Depositions Witnesses Litigation 130

E-Discovery LLC

OCTOBER 16, 2024

The court reiterated that all of those employees should be made available for deposition and: “Should plaintiffs establish, through those depositions or any other means, that Tekvantage has hid the ball, a subsequent hearing will order production and impose appropriate consequences on both Tekvantage and its counsel.”

Discovery 130

Discovery Subpoenas Depositions Evidence 130

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

AUGUST 21, 2024

See Felder Part 2 of 4: Defendant Sanctioned for Late Cancellation of Depositions. Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Thus, on or about November 20, 2017 is the first date that Defendant had an obligation to preserve evidence.”

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

DECEMBER 16, 2024

Etame did not appear for his deposition on March 10, 2022. Nguhs motions, but held the sanctions motion in abeyance, and ordered Mr. Etame to appear for deposition. After the parties discussed scheduling, Mr. Etame failed to appear for deposition. As a result, Ms. Nguh filed a motion for sanctions for his failure to appear.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. Supplement if needed. Index & make summary of relevant information for use at trial.

Cross-Examination 100

Cross-Examination Exhibits Opening Statement Interrogatories 100

Evidence at Trial

APRIL 26, 2023

What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact." ” Cal.

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130

Evidence Discovery Litigation Affidavits 130

CaseFox

MARCH 23, 2023

Investigation: Once you have hired an attorney, they will conduct a thorough investigation to gather evidence to support your claim. Deposition or Negotiation: In many cases, the responsible party or their insurance company will attempt to negotiate a settlement with you rather than go to trial.

Depositions 97

Depositions Interrogatories Evidence Discovery 97

E-Discovery LLC

AUGUST 13, 2024

Next, the undersigned specifically directed the parties to identify a timetable for completion of all discovery, including taking any depositions. ( Regarding depositions, the undersigned cautioned Plaintiff that if she wanted to take any depositions, she was to communicate with the Defendant’s counsel about the same. (

Discovery 130

Discovery Depositions Interrogatories Objections 130

E-Discovery LLC

SEPTEMBER 22, 2024

37(e)(1) sanctions, the EEOC sought copies of litigation hold notices, dates and the names of recipients of those notices, as well as further descriptions; appointment of a forensic examiner to determine when the ESI went missing; and, a Rule 30(b)(6) deposition on the missing ESI at defendant’s expense. As Fed.R.Civ.P.

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

Attorney at Work

JANUARY 11, 2022

It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional. With the delete key a tap away, it’s vital to defensibly collect this evidence while you can. Two TechnoLawyer award winners do just that.

Technology 148

Technology Media and Entertainment Admissibility Legal Research 148

E-Discovery LLC

JANUARY 8, 2025

Such information is in the hands of Defendants indeed they would be required to answer questions about these issues at deposition. However, the Red-D-Arc court found insufficient evidence to support the application of that principle.

Interrogatories 130

Interrogatories Discovery Depositions Objections 130

Attorney at Work

JUNE 6, 2022

It was immediately evident to our firm that our role was to anticipate the questions and issues that our clients were going to face and provide them the information and resources they needed — before they could even ask the questions. “Anticipating client needs has always been a key component of good lawyering.

Mediation 288

Mediation Arbitration Depositions Education 288

Attorney at Work

JULY 26, 2022

This can be evident by behavior, clothing, symbolic paraphernalia, fantasy role play (photos, videos, etc.), During threat situations, use discreet or unpredictable arrival and departure points at locations such as courthouses, law offices, hotels used for scheduled depositions and negotiation meetings, and so on.

Litigation 237

Litigation Arbitration Depositions Precedent 237

E-Discovery LLC

MARCH 8, 2025

A court could not effectively perform its duty to fairly and efficiently manage discovery if every minor change to a stipulated briefing schedule or deposition date required a showing of exceptional circumstances or substantial and real harm. Emphasis added]. See The ESI Protocol: Your Word is Your Bond Or, Is It?

Discovery 130

Discovery Objections Interrogatories Litigation 130

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

Demonstrating the testimony or evidence that supports the cross examiners case Obviously there are many sub categories under each of these topics plus other general goals depending upon the issues in the case, but these are the overall goals of cross examination. My cases involve depositions that are all video taped.

Cross-Examination 113

Cross-Examination Witnesses Direct Examination Depositions 113