The Cloud Court Blog
APRIL 24, 2023
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.
WA Bar News
NOVEMBER 12, 2024
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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The Cloud Court Blog
SEPTEMBER 28, 2022
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 helps you understand your own and your own witnesses’. I’m fascinated by these people and their often-predictable behaviors.
WA Bar News
JUNE 11, 2024
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.
The Cloud Court Blog
FEBRUARY 24, 2023
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.
The Successful Lawyer
JANUARY 13, 2022
Visualize witness examinations. You can use visualization during motion practice as well. See yourself arguing your motion prior to the actual event to help build your confidence and enhance preparation. Imagine giving your opening statement and let your theme and initial grabber bubble up.
The Cloud Court Blog
SEPTEMBER 22, 2022
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. All this data, my friends, is accessible.
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