Wouldn’t it be nice if you could just put words in the witness’s mouth to make your point exactly the way you wanted? Well you can! Do what Steven Covey teaches and “Begin with the end in mind.” The problem with most lawyers’ deposition preparation is that they don’t think backwards. They just think about […]
Summary Judgment If you take depositions then you can recite the standard in your sleep, which is for the court to review the evidence in a light most favorable to the nonmoving party. Along with “reasonable doubt,” the summary judgment standard is one of the most well-known in the legal profession. But there’s a problem…Judges […]
What’s the best way to win a case? Before trial. Trials are hugely expensive and incredibly risky propositions. So if you can win the case before trial you have done your job well. To win – not settle, but actually WIN – before trial you have to prevail on a motion that either (a) grants you […]
In a matter before the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office, an Administrative Patent Judge granted additional time for a deposition where the witness was alleged to have been evasive and uncooperative in responding to questions. In PTAB cases, uncompelled direct testimony must be submitted in the form […]
In Ariosa Diagnostics v. ISIS Innovation Limited, the Patent Trial and Appeal Board (PTAB) set guidelines for taking foreign language depositions under 37 C.F.R. § 42.53(e). 37 C.F.R. Part 42 governs trial practice before the PTAB. The PTAB is an administrative law body of the U.S. Patent and Trademark Office (USPTO) and includes a Trial […]
In my first job, I had a new co-worker Jim that was still trying to figure out the ropes. My boss would ask him a simple question, such as, “Where did you go for lunch Jim?” Although Jim answered truthfully and immediately, my boss would just stare at him, silently. My friend got nervous, and thinking […]
What sort of things should you do when you anticipating facing a difficult witness? Gotcha! That’s a trick question… because nearly every witness you depose or cross examine will be a difficult witness. Your chances of encountering an “easy” witness that the other side presents are probably only slightly better than winning the lottery. After all, […]
Be careful what you wish for. This morning you just learned that you were incredibly persuasive in arguing that the defendants have been delaying your case. The judge has denied the defendant’s motion for protective order, which is great. But at the same time she has ordered that ALL depositions be completed in the next […]
Note: AgileLaw’s Deposition Academy also has a short video lesson on transcript awareness. The single most important output of a deposition (besides a settlement) is the transcript. The transcript is crucial as you’ll use it for summary judgement motions, motions in limiting, and your trial preparation. As such, your strategy when deposing witnesses should include a clear […]
If you are a tennis fan then you know Rafael Nadal, a.k.a “Rafa”. For non-tennis fans, Rafa is one of the most dominant professional tennis players ever to play the sport. He is known as “The King of Clay” and has won 14 grand slam singles titles. Some players, including Andre Agassi, have called Rafa […]
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