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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. should not be considered as evidence. Irwin (E.D.

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Stop reading depo transcripts! Please welcome Gibson.

The Cloud Court Blog

In a large case (say, with 100+ depositions), there’s so much testimony data that it is virtually impossible for one person to read and recall all the testimony, not to mention attorney & witness behaviors. Plaintiffs can extract relevant topics and easily contrast testimony of different witnesses. Which brings us to today.

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Litigators with a Data Fetish: Moneyballing Testimony

The Cloud Court Blog

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. Among many other things, deposition data allows you to anticipate an opponent's style and pace, and type of objections.