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.

Witnesses 52

Witnesses Litigation Depositions Motion Practice 52

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.

Depositions 96

Depositions Witnesses Objections Discovery 96

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.

Depositions 52

Depositions Cross-Examination Witnesses Litigation 52

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.

Depositions 52

Depositions Litigation Discovery Technology 52

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.

Cross-Examination 52

Cross-Examination Exhibits Rebuttal Closing Argument 52

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.

Litigation 52

Litigation Depositions Witnesses Motion Practice 52