All episodes
Episode 182 - "Certify the Question!" Wait. What?
Episode 181 - Is Your Remote Deponent Using An AI Chatbot?
Episode 180 - A Deposition Noticed for Remote Examination Doesn’t Prevent you from Attending in Person
Episode 179 - Ten Per Side, Not Ten Per Party: The Deposition Limit That Surprises Many Litigators
Episode 178: How to Revoke Invocation of the Fifth Amendment Privilege After a Deposition
Episode 177 - Lessons from the Front Lines: Touhy or Not Touhy? The Difficulties of Deposing Federal Employees
Episode 176 - You Don't Have to Prepay Experts Before Their Deposition
Episode 175: Lessons from the Front Lines: "We Outsourced It" - Countering the 30(b)(6) Ignorance Defense
Episode 174 - Lessons From The Front Lines: In-Person Depos are the Default Again (And a Psychological Reason for Insisting On Them)
Episode 173 - Improper Preliminary Instructions or "Ground Rules"
Episode 172: Second-Order Knowledge Examinations
Episode 171: Examination Techniques, Part 4 - The Reid Technique
Episode 170 - Examination Techniques, Part 3: The Reptile Method
Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination
Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique
Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans
Episode 166 - Are You Audiorecording Your Depositions (Yet)?
Episode 165: Stopping the "You Can Answer" Gatekeeping
Episode 164 - In-Person Depositions Are Making a Comeback
Episode 163: Lessons from the Front Lines - Pronoun Perils: In 30(b)(6) Depos, “I” is the Entity, Not the Deponent
Episode 162 - Your Mute Button is Career Insurance
Episode 161: Unfinished Testimony - Can You Use That Partial Transcript?
Episode 160 - Depo Case Roundup for the Week of August 25, 2025
Episode 159 - Lessons from the Front Lines: Budget-Friendly Depositions: Using a Videographer to Tape & Transcribe Depositions
Episode 158 - Using Videotaped Deposition Clips in Openings and Closings
Episode 157: Lessons from the Front Lines -Pitfalls for Plaintiffs Who Want to Appear Remotely for Deposition
Episode 156 -Leveraging Device Demonstrations In Depositions: Lessons From The Uber Litigation
Episode 155 - Deposition Case Roundup for the Week of May 12, 2025
Episode 154 - Do You Know What AI Can Do For Your Deposition Practice?
Episode 153 - Deposition Case Roundup for the Week of April 2025
Episode 152 - Deposition Case Roundup - March 20, 2025
Episode 151 - Lessons from the Front Lines: Using Deposition Transcripts From One Case as Affidavits in Others
Episode 150 -The Role of Lawyer-Deponent Proximity, and Signifiers of Authority, in Deponent Cooperation Or Resistance
Episode 149 - "Argumentative" Examinations: Speech Masquerading As Questions
Episode 148 - Revisiting the Problem of Examiners Who Interrupt Your Deponents' Answers
Episode 147 - Going Off the Record While The Deponent Reads Documents? Here’s Why You Shouldn’t.
Episode 146 - Thorny Hedges: Linguistic Qualifiers (I Think, I Feel, I Believe) That Weaken Testimony
Episode 145 - A Catchall Objection for Unusual Deposition Situations
Episode 144 - Narrative Objections Aren’t Necessarily “Speaking Objections” or Coaching
Episode 143 - Depo Case Digest for the week of July 29, 2024
Episode 142 - Deposition Protocol Stipulations
Episode 141 - Depo Case Digest for the Week of July 5, 2024
Episode 140 -Depo Case Digest: (1) OK to Make Pre-Depo Demand for 30(b)(6) Designee Names (2) Courts Favoring In-Person Depos Again (3) Checking Court Reporter Bills for Fleas and Ticks
Episode 139 - Unpeeling the Layers of the Deponent's Memory
Episode 138 - When Must a Party Produce Documents to Be Used By a 30(b)(6) Designee at Deposition (Or Reviewed Beforehand?)
Episode 137 - Deploying Multiple Lawyers to the Same Deposition? Follow These Tips to Secure Fee Awards for All
Episode 136 - Every Word Matters. See Them with Zoom's Live-Caption Feature.
Episode 135 - Lessons from the Front Lines: Don’t Forget Evidentiary Support When Seeking Protective Orders to Relieve Deponents of Travel for Depositions
Episode 134 - Deposition Interpreters Redux: Correcting Inaccurate Interpretations
Episode 133 - Who Pays the Initial Cost of a Deposition Interpreter?
Episode 132: Pre- or Post-Deposition? Deciding When To Seek A Protective Order For Objectionable 30(b)(6) Topics
Episode 131 -The Question to Ask after “Did You Take Any Medications That May Affect Your Testimony Today?"
Episode 130 - Choosing An "Actor" To Read Deposition Testimony in Evidentiary Hearings and Trials
Episode 129 -Lessons from the Front Lines: Can Multiple Lawyers Representing the Same Party Each Object During a Deposition?
Episode 128 - Convincing a Court that an EUO is Not a Deposition
Episode 127 -Handling Court Reporters Seeking to Videotape Your Remote Depositions For “Backup Purposes”
Episode 126 - The Increasingly Poor Odds of Forcing Even Parties to Travel for In-Person Depositions
Episode 125 - Handling An Opponents' Last-Minute Notice They're Videotaping Your Client's Deposition
Episode 124 -Can You Issue a 30(b)(6)-Style Trial Subpoena, Addressed Simply to “Corporate Representative with Knowledge On (Listed Topics)"?
Episode 123 - Lessons from the Front Lines: Free Transcripts Courtesy of Your Opponent? Maybe. Here's How.
Episode 122 - Lessons from the Front Lines: The Overuse of An Underused 30(b)(6) Technique Leads to Severe Sanctions
Episode 121 - A Review of CaseText's New AI-Powered Deposition Prep Software
Episode 120 - Must You Object to An Improper Objection?
Episode 119 -Lessons from the Front Lines: The (Very) Fine Line Between Reserving the Right to Read – And Waiving It
Episode 118 -The (Relatively) Low Bar for Limiting the Non-Judicial Use of Deposition Transcripts & Recordings
Episode 117 - Asked and Answered: How Many Times is Too Many?
Episode 116 - ChatGPT and Depositions
Episode 115 - Announcing Our 4th Edition Book Giveaway ($5,000 total value!)
Episode 114 - Opting NOT to Reword an Allegedly Ambiguous Question
Episode 113 - Instant Privilege Loss in Depositions
Episode 112 -Lessons From The Front Lines: Plaintiffs Fined $100,000 For Arranging Surreptitious Recording of Remote Live Depo Feed
Episode 111 -Lessons From The Front Lines: Another Reason To Choose Your 30(b)(6) Designees Carefully
Episode 110 - "Are You Calling Them A Liar?"
Episode 109 -Upping Your Background & Lighting Game in Videotaped Depositions of Your Clients
Episode 108 - 32 Factors to Argue (For or Against) In Deposition Location Disputes
Episode 107 - Do Your Non-Party Subpoenas List the Remote Location as “Zoom Video?” You May Have a Problem.
Episode 106 -A Killer Option for Choosing Potent 30(b)(6) Designees
Episode 105 - Dealing with Deponents Who (For Now) Are Asserting a Fifth Amendment, Spousal, or Other Privilege
Episode 104 - What to Do About Incomplete Answers Caused by Interrupting Examiners?
Episode 103 -Lessons From The Front Lines: What Will 317 “Don’t Knows,” and 196 “Don’t Remembers,” Earn Your Client? (Hint: It Involves Jurors.)
Episode 102 - Lessons From The Front Lines: When Suspending Or Terminating A Deposition in Progress Due to Misconduct, Don’t Forget to Say This
Episode 101 -When Are Responses & Objections Due to Document Requests Embedded in a Notice of Deposition Duces Tecum? When Is the Actual Production Due?
Episode 100 -Can You Limit the Duration of an Opponent’s Deposition Before It Even Starts? (Yes.)
Episode 99 -Does FRCP 30’s 7-Hour Limit Include Cross? What if the Direct Used the Full Seven?
Episode 98: "Have You Now Told Me Everything That Supports Your Claims/Defenses?"
Episode 97 - Using Designated-Representative Depos When You Can't Depose An Apex Witness
Episode 96 - Lessons from The Front Lines: Hit with A Dispositive Motion Before You've Taken All Your Depositions? Do This (Immediately)
Episode 95 - Handling Deponents With Severe Speech Impediments
Episode 94 -What Five Things Should Litigators Be Doing More Of In Their Deposition Practice?
Episode 93 -Is There A "Best Place" to Sit When Questioning Deponents or Witnesses?
Episode 92 - The Deponent is Taking Notes While Testifying. Can You Demand Them?
Episode 91 - Remote Video Deponents on Cellphones
Episode 90 - So What, Exactly is Impermissible "Coaching" During a Deposition?
Episode 89 -Lessons from the Front Lines: An Appellate Court’s Ominous Comment to Litigants Fighting Over a Transcript’s Accuracy
Episode 88 -How to Avoid Being Taxed Costs for Videotaping When Your Opponent Also Arranged for a Stenographic Transcript
Episode 87: Next-Day Certified Transcripts, Rough in an Hour, No Extra Charge: A Conversation with Dean Whalen, Chief Legal Officer of Readback Active Reporting.
Episode 86 - A St. Patrick's Day "Thank You" to 50 Lucky Listeners
Episode 85 - Can You Bluff Dishonest Deponents By Implying You Have Evidence that You Don't?
Episode 84 - Does the Rule of Sequestration Apply to Depositions?
Episode 83 - Lessons from the Front Lines: Alex Jones' Lawyer in the Sandy Hook Case Reprimanded for Deposition Conduct. (He Should Have Listened to Episode #49.)