All Episodes
10,000 Depositions Later Podcast — 176 episodes
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.)
Episode 82 - Testimonial Privileges: The Legislative Privilege
Episode 81 - How (and Why) to Ask Deponents About Prior Sworn Testimony
Episode 80 - Taking Depositions Before and After A Lawsuit
Episode 79: An Email Is Not a Notice of Taking Deposition (But It Could Be)
Episode 78: Lessons from the Front Lines: Why Google Couldn't Prevent the Apex Deposition of CEO Sundar Pichai
Episode 77 - Listener Questions About Depositions by Written Questions
Episode 76 - Demystifying Depositions by Written Questions
Episode 75 - Lessons From The Front Lines: Never Let Opponents Control the Timing & Sequence of Your Depositions
Episode 74 - Can You Read the Entirety of an Adverse Party’s Depositions at Trial, Even When the Deponents Are Available to Testify Live?
Episode 73 - Lessons from the Front Lines: Lawyer Suspended 91 Days for Allegedly Text-Coaching Remote Deponent
Episode 72 - Set Your Depositions Unilaterally After Asking for Dates…How Many Times?
Episode 71 - Lessons from the Front Lines: A Plaintiff Escapes Sanctions for Using Public Records Requests to Gather Information During a Discovery Stay
Episode 70 -Can Non-Record Lawyers Participate in the Depositions of their Non-Party Clients?
Episode 69 - So, What About Standing (a/k/a Continuing or Running) Objections?
Episode 68 -Objecting to the Use of Partial or Incomplete Documents in Depositions
Episode 67 - Do Deposition Subpoenas Expire?
Episode 66 - Something to Know About Our Show Notes: We're Constantly Adding to Them
Episode 65 -Who's Zoomin' Who? Identifying Your Remote Deponents' Off-Screen Cheat Sheets
Episode 64 - Proving "Unavailability" in Order to Use Depositions at Trial
Episode 63 -About That Pesky Notice Language (For Use in Discovery "And/Or At Trial")
Episode 62 -A Tool for Motivating Deponents to Reveal What They Know, Without Fearing Retaliation
Episode 61 - Lessons from the Front Lines: A Judge’s All-In-One Guide to the Right (and Wrong) Way to Make Deposition Objections
Episode 60 - Core Essentials: Preparing Your Clients for Deposition, Part 7
Episode 59 - Core Essentials: Preparing Your Clients for Deposition, Part 6
Episode 58 - Core Essentials: Preparing Your Clients for Deposition, Part 5
Episode 57 - Core Essentials: Preparing Your Clients for Deposition, Part 4
Episode 56 - Core Essentials: Preparing Your Clients for Deposition, Part 3 ( The Three Building Blocks of Client Preparation)
Episode 55: Lessons from the Front Lines: What Not to Do When an Entity Designates Just One 30(b)(6) Witness on A Large Number of Topics
Episode 54 - Remember the Errata!
Episode 53 - Core Essentials: Preparing Your Clients for Deposition, Part 2 (Helping Them Unlearn Misconceptions)
Episode 52 - Core Essentials: Preparing Your Clients for Deposition, Part 1 (The In-Depth Interview)
Episode 51 - Core Deposition Essentials
Episode 50 - Do You Have A Predictable "Deposition Profile?"
Episode 49 - A Listener Asks: What if The Examining Lawyer Asks My Witness to Pull Out Her Cellphone and Disclose Texts, Phone Numbers, or Messages?
Episode 48 - For Your Research Files: New Decision on Deposing Witnesses Even When the Adversary Swears They Know Nothing
Episode 47: A Listener Asks: Can An Entity Designate 29 Separate 30(b)(6) Witnesses for 30 Topics?
Episode 46 - Lessons from the Front Lines: What to Do When Your Opponent Notices Their Experts for Deposition Before You Do
Episode 45 - Objectionable Objections: When Defending Lawyers Claim THEY Don't Understand the Question
Episode 44 - Objectionable Objections: "If You Know"
Episode 43 - What to Do When Subpoenaed Non-Party Witnesses Fail to Appear for Deposition
Episode 42 - Lessons from the Front Lines - Carefully Choose the Documents You Use to Prepare Deponents
Episode 41 -Developing Deposition Testimony of Adverse Witnesses So You Can Lead Them During Your Case-In-Chief
Episode 40 - Lessons from the Front Lines: I Bet He Didn't Think His Speaking Objections Would be Played for THAT Audience.
Episode 39 -Do You Need 75, 100, or 150 Interrogatories? FRCP 30(b)(6) to the Rescue!
Episode 38 - Can More than One Lawyer for A Party Question the Deponent?
Episode 37 - Witnesses for Whom Your Examination Might Best Be Left for Trial
Episode 36 - Can an Entity Later Use Affidavits to Contradict the Testimony of Its 30(b)(6) Designee?
Episode 35 - Lessons from the Front Lines: Excellent Remote Deposition Protocols for Your Depositions
Episode 34 - Consider Delaying Production of True Impeachment Evidence Until After the Key Pertinent Witness Has Been Deposed
Episode 33 - Using Depositions on Written Questions as an Offensive Weapon to Stop the Harassment of Deponents
Episode 32 -Lessons from the Front Lines: Agreeing to the "Usual Stipulations" to Hold Objections Until Trial? You Still Have to Make THIS Critical Objection.
Episode 31 - Clearing Out the Testimonial Cobwebs at the Start of Your Depositions
Episode 30 - How to Sharply Reduce the Cost of Deposition Transcripts
Episode 29 - Lessons from the Front Lines: Are You Entitled to Depose a Witness Previously Deposed by Another Party?
Episode 28 - Preventing (Or Obtaining) A Second Deposition of A Party or Witness
Episode 27 - Is It Okay to Confer with Clients About Their Testimony During Deposition Breaks?
Episode 26 - Lessons from the Front Lines: Regret Terminating a Deposition? UN-terminate It Immediately.
Episode 25 - Can You Be Sued for Questions You Ask in Depositions?
Episode 24 - The Stunning Consequences of Setting "Short-Notice" Depositions
Episode 23 - Cross-Notice Jiu Jitsu: Using An Opponent's Cross-Notice Against It
Episode 22 - FRCP 29(a) Stipulations: A Way to Save Time, Money & Headaches
Episode 21 - Wizards and Codes: How to Precisely Track The Elapsed Examination Time During A Deposition
Episode 20 - Apex Depositions
Episode 19 - Lessons from the Front Lines: 922 Deposition Objections. (Then Sanctions Happened.)
Episode 18 - The New Change to FRCP 30(b)(6), Effective December 1, 2020
Episode 17 - Can You Ask the Same Questions In Depositions That You Just Asked (And Got Answers To) In Interrogatories?
Episode 16 - Contesting Excessive Expert Deposition Fees
Episode 15 - Remote Deposition Protocols for COVID and Beyond
Episode 14 - Lessons from the Front Lines: Asked and Answered Objections
Episode 13 - The Real Reason to Cross-Notice A Deposition
Episode 12 - What's the Right Way to Make Form Objections?
Episode 11 - Physical Demonstrations and Re-enactments in Depositions
Episode 10 - Errata Sheet Tips and Traps
Episode 9 - Dealing with Cross Beyond the Scope in Depositions
Episode 8 - Taking a Portable Printer to Depositions
Episode 7 - Audiotaping your Depositions
Episode 6 - Using FRE 612 to Obtain Documents Used by Deponents to Refresh Recollections
Episode 5 - "Legal Contention" Questions in Depositions
Episode 4 - What is the "Right" Style for Deposing Witnesses?
Episode 3 - "I Demand A Yes or No Answer"
Episode 2, Part 2 - Tools for Capturing Testimony
Episode 2, Part 1 - Tools for Capturing Testimony
Introduction and Welcome to the Podcast!