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

The Cloud Court Blog

Dear Litigation Friends: It is with regret that I write to inform you that you are a profoundly unreliable witness. You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended. If you take or defend witnesses with any frequency, you know this to be true.

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

WA Bar News

EXPERT WITNESS DISCLOSURE It was the Work Group’s impression that many litigants tactically withhold discovery of testifying expert witnesses on the ground that no disclosure is required until a case schedule deadline. To illustrate the proper use of a privilege objection, a request for witness statements might call for work product.

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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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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. It’s why Apple doesn’t provide details about new technology before launch events.

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

The Cloud Court Blog

One is this: smaller parties often leverage technology and data to beat their adversaries because it’s the only option. But all are routinely practiced by parties that have a surplus of capital but a deficit of creativity. Smart money is on lean teams that lean into technology and the advantages it provides.