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Episode 152 - Deposition Case Roundup - March 20, 2025
Episode 152
Our roundup episodes summarize brand-new, deposition-related court rulings from around the country. We cover four new rulings in this episode on crucial issues:
You can successfully oppose even other…Published on 6 months, 1 week ago
Episode 151 - Lessons from the Front Lines: Using Deposition Transcripts From One Case as Affidavits in Others
Episode 151
In this episode, Jim Garrity spotlights a new ruling on a little-known but powerful tool: the use of depositions as affidavits. As Garrity discusses, a deposition does not need to meet the requiremen…
Published on 6 months, 3 weeks ago
Episode 150 -The Role of Lawyer-Deponent Proximity, and Signifiers of Authority, in Deponent Cooperation Or Resistance
Episode 150
In this episode, Jim Garrity applies lessons from a well-known study - on the factors that influence people to cooperate with or resist perceived authority figures - to the deposition process. The l…
Published on 7 months, 2 weeks ago
Episode 149 - "Argumentative" Examinations: Speech Masquerading As Questions
Episode 149
In this episode, Jim Garrity talks about a tactic of some examining lawyers that should, but often doesn’t, draw objections that their questions are “argumentative.” So, what is an improper, argument…
Published on 7 months, 4 weeks ago
Episode 148 - Revisiting the Problem of Examiners Who Interrupt Your Deponents' Answers
Episode 148
Today Jim Garrity revisits the headaches caused by examining lawyers who frequently interrupt your deponents' answers. To combat this problem, Garrity offers you a six-pronged strategy for stopping t…
Published on 8 months, 3 weeks ago
Episode 147 - Going Off the Record While The Deponent Reads Documents? Here’s Why You Shouldn’t.
Episode 147
Some examiners will mark a voluminous document as an exhibit and then declare that "we'll go off the record while the deponent reads it." But "going off the record" for this purpose is an unwise pra…
Published on 9 months, 1 week ago
Episode 146 - Thorny Hedges: Linguistic Qualifiers (I Think, I Feel, I Believe) That Weaken Testimony
Episode 146
In this episode, Jim talks about the habit of some deponents of qualifying their answers by using words like think, feel, believe, and presume. These words are known in academic and psychological cir…
Published on 9 months, 3 weeks ago
Episode 145 - A Catchall Objection for Unusual Deposition Situations
Episode 145
Have you ever been in a deposition and noticed something improper and prejudicial, but couldn't think of a precise objection to make? There might not be one. For example, many deponents now appear b…
Published on 10 months, 1 week ago
Episode 144 - Narrative Objections Aren’t Necessarily “Speaking Objections” or Coaching
Episode 144
Today Jim Garrity tackles the topic of narrative objections, which are objections that go beyond a simple "Form!" or "Objection!" and provide a concise explanation of the grounds for the objection. S…
Published on 10 months, 3 weeks ago
Episode 143 - Depo Case Digest for the week of July 29, 2024
Episode 143
Today's roundup of new deposition-related cases focuses on four rulings. One offers a great strategy to exclude hostile deponents' deposition testimony, where they answer your opponents' questions b…
Published on 1 year, 1 month ago