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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. 10 Second, we’ll focus on depositions rather than hearings or trials. Washington RPC 4.4(a)

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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

They will require a material change in the way many attorneys practice discovery. 1, 2024, codify procedure for depositions by remote means. DEPOSITIONS BY REMOTE MEANS Amendments to CR 30, addressing depositions by remote means, were proposed by the BJA Remote Proceedings Work Group and adopted effective Oct.

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Litigators with a Data Fetish: Moneyballing Testimony

The Cloud Court Blog

I am obsessed with depositions and, in particular, their importance to the outcome of cases. That obsession extends to deposition data as well as to the psychology of the players involved: the attorneys taking and defending depositions; the witnesses being deposed; as well as the court reporters. Why on earth would we do this?

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Stop reading depo transcripts! Please welcome Gibson.

The Cloud Court Blog

It began as a series of reports combined into a dashboard that provided insights about deposition transcripts. Now, Gibson is more than a tool; it’s a partner for any litigator that augments their ability to devise deposition strategies and tactics and improve outcomes. (We Gibson drives better litigation results.

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Trellis Launches Trellis AI to Streamline Trial Court Litigation

Key components: Draft Arguments — Uses similar/successful motions in the Trellis database to generate arguments/citations for your motions seeking dismissal, summary judgment, etc. Key Witnesses — Identify the people involved in the case and their roles to inform decisions about document requests, interrogatories, and depositions.

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An Open Letter to Litigators (i.e., Unreliable Witnesses)

The Cloud Court Blog

You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended. And you realized—too late—that you failed to use it in motion practice or settlement or witness outlines or impeachment. Over time you’ve inwardly acknowledged that your memory is an imperfect vessel.

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Money as a Tactical Disadvantage: Don't Pitch Mountains of Cash into a Dumpster Fire

The Cloud Court Blog

Examples are plentiful: deliberately excessive discovery; ceaseless letter campaigns; pointless depositions; depositions that have a point but should have taken two hours instead of the seven hours they did take; and, of course, counterproductive motion practice.