PODCAST · business
10,000 Depositions Later Podcast
by Jim Garrity
From Jim Garrity, the country’s leading deposition expert, comes this podcast for hardcore litigators. The subject? Taking and defending depositions.Each episode is a one-topic, mini field guide, meant to educate and inform trial lawyers looking for world-class deposition strategies and tactics. Garrity includes a general discussion of the topic, specific insights and guidance, questions to ponder, and case citations to support his observations. They’re jam-packed with immediately useful advice and guidance.Garrity has appeared as lead trial counsel in more than two thousand federal and state civil cases. His personal deposition experience now far exceeds the 10,000 mentioned in the title. (For business reasons, his publisher did not want him to update the title number.) He’s been up against the best litigators at hundreds of firms, from the nation’s largest to sole practitioners, and there’s literally no tactic, trick, variation or strategy he hasn’t seen hundreds of times. Indeed,
Episodes
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Episode 180 - A Deposition Noticed for Remote Examination Doesn’t Prevent you from Attending in Person
It's a common question. If the examining lawyer says they're going to depose witnesses by remote video, and notices it that way, does this obligate you (and all other counsel) to likewise appear remotely? Or can you still freely appear in person if you wish? Listen in for critical insights into…
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Episode 179 - Ten Per Side, Not Ten Per Party: The Deposition Limit That Surprises Many Litigators
Well, here's a surprise for you. Did you know that in federal court - and in jurisdictions that follow or apply the federal rules, such as state courts, arbitrations, or administrative proceedings - the rules impose a limit of ten depositions per side, not per party? Jim Garrity says that…
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Episode 178: How to Revoke Invocation of the Fifth Amendment Privilege After a Deposition
You know how to assert a Fifth Amendment privilege in a deposition. But how to withdraw it, once the threat of criminal prosecution is gone? It's a dangerous minefield for the uninformed. In this episode, Jim Garrity explains the process, backed by both brand-new and enduring case law. Invaluable...
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Episode 177 - Lessons from the Front Lines: Touhy or Not Touhy? The Difficulties of Deposing Federal Employees
In this episode, Jim Garrity explains the procedure for deposing current or former federal government employees where the federal government isn't a party to your litigation. These are commonly known as 'Touhy witnesses." And if they're important to your case, you'd better plan for their…
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Episode 176 - You Don't Have to Prepay Experts Before Their Deposition
How many times have you noticed an expert witness for deposition, only to be told you've got to pay their fee in advance, failing which, they say, they aren't coming. As Jim Garrity explains, it doesn't have to be that way. Listen in and learn why prepayment isn't required and how to properly…
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Episode 175: Lessons from the Front Lines: "We Outsourced It" - Countering the 30(b)(6) Ignorance Defense
What to do when an organization resists your efforts to conduct a Fed. R. Civ. P. 30(b)(6) deposition by claiming it not only doesn't currently have information on the topics, but that it never had any? As Jim urges you to do in this episode, take the deposition and force the entity's designee to...
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Episode 174 - Lessons From The Front Lines: In-Person Depos are the Default Again (And a Psychological Reason for Insisting On Them)
In this episode, we feature a brand-new deposition-related ruling that continues to build on the post-COVID pandemic rulings holding that in-person depositions remain the default and that parties seeking to force a remote-video deposition must satisfy the formidable good-cause burden. It's a…
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Episode 173 - Improper Preliminary Instructions or "Ground Rules"
Have you ever had a queasy feeling, as an examining lawyer is explaining the so-called ground rules for the deposition with your witness, that something about the instructions was amiss? But you weren't quite sure what to say - and didn't really know whether or how to object? Instructions like,...
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Episode 172: Second-Order Knowledge Examinations
In this episode, Jim talks about the value of "second-order" examinations - asking deponents not only what they know, but what others know (and what others know that still others know, which is a form of third-order knowledge). It's an incredibly valuable tool for ensuring you fully understand…
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Episode 171: Examination Techniques, Part 4 - The Reid Technique
In this final episode of our cross-examination series, Jim Garrity turns to the Reid Technique, the interrogation system developed in the 1940s for American law enforcement. Though the method has drawn serious criticism and been linked to false confessions, many of its individual components…
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Episode 170 - Examination Techniques, Part 3: The Reptile Method
In this third installment of our series on examination techniques, Jim Garrity dives into the so-called Reptile Method, developed by jury consultant David Ball and plaintiff’s attorney Don Keenan, and explained in their 2009 book Reptile: The 2009 Manual of the Plaintiff’s Revolution. It's long...
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Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination
In this second episode in a series on different cross-examination methods, Jim Garrity spotlights Irving Younger's famed Ten Commandments of Cross-Examination. It's one of the earliest formal systems for conducting an effective cross. As Jim explains, there isn't a single "best way" to question…
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Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique
In this episode, and over the next few, Jim Garrity analyzes some of the better-known techniques or methods of conducting deposition cross-examinations. He begins with the Pozner-Dodd method, based on the book Cross-Examination: Science and Techniques, by Larry Pozner and Roger J. Dodd. As Jim...
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Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans
In this episode, Jim Garrity - the leading expert in the country on deposition strategies and tactics - rolls out another spectacular deposition strategy you won't find anywhere else. It's the application of the PACE Method to your deposition scheduling. It will change how you draft your…
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Episode 166 - Are You Audiorecording Your Depositions (Yet)?
In this episode, Jim Garrity urges you once again (see Episode 7, Audiotaping Your Depositions) to independently audiorecord your depositions. Apart from all the prior, excellent reasons he discussed, there's a new one, and it stems from technical glitches that disrupt the reporter's audio and...
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Episode 165: Stopping the "You Can Answer" Gatekeeping
A must-listen episode with actionable guidance for litigators and trial teams who want to keep depositions moving and the record clean. We break down the “you can answer” interjection: why it is usually unnecessary, how it inserts defending counsel into your Q-and-A, and how repetition disrupts...
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Episode 164 - In-Person Depositions Are Making a Comeback
They're baaaaack! In-person depositions, that is. In this episode, Jim Garrity discusses two brand-new court rulings that reflect a growing trend among judges to enforce noticed in-person depositions of parties and key witnesses. It's a subtle but striking shift away from remote depositions…
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Episode 163: Lessons from the Front Lines - Pronoun Perils: In 30(b)(6) Depos, “I” is the Entity, Not the Deponent
When a 30(b)(6) representative is deposed, the testimony is that of the organization, not of the individual answering the questions. However, in the heat of battle, it can be challenging to remember this distinction. Questions in 30(b)(6) depos that use words like "you" - and answers that use…
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Episode 162 - Your Mute Button is Career Insurance
In this episode, Jim Garrity uses a pending bar disciplinary proceeding against a Florida lawyer as a potent reminder of the consequences of failing to ensure that your conversations during breaks in remote (virtual) depositions are not heard by others. As always, he offers practical guidance to...
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Episode 161: Unfinished Testimony - Can You Use That Partial Transcript?
Today, Jim Garrity examines a critical issue in trial practice: whether an incomplete deposition—cut short when the deponent becomes unavailable—can be admitted at trial, particularly when the opposing party had no opportunity for cross-examination. Drawing on a new Sixth Circuit Court of Appeals...
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Episode 160 - Depo Case Roundup for the Week of August 25, 2025
This week’s roundup spotlights four brand-new deposition rulings from across the country. Two address when plaintiffs may appear remotely—what courts require, what constitutes good cause, and the practical showings that move the needle. The other two confront a quiet but consequential trial…
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Episode 159 - Lessons from the Front Lines: Budget-Friendly Depositions: Using a Videographer to Tape & Transcribe Depositions
Are deposition expenses busting your budget? In this episode, Jim Garrity spotlights a clever strategy conceived by a southern California litigator to sharply cut the costs of deposition transcripts. It's yet another effort by trial lawyers to combat the insane costs of stenographic reporting…
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Episode 158 - Using Videotaped Deposition Clips in Openings and Closings
In this episode, Jim Garrity argues for more frequent videotaping of depositions, especially those of parties and witnesses likely to be unavailable at trial. The reason? Unlike live witnesses - who are generally called once in trial - videotaped testimony can be played two or more times. This...
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Episode 157: Lessons from the Front Lines -Pitfalls for Plaintiffs Who Want to Appear Remotely for Deposition
Now that the pandemic is fading from our memories, courts are showing a renewed willingness to order plaintiffs to appear in person for their depositions, even when a plaintiff has relocated to distant places and will incur considerable expense and inconvenience if forced to travel. In this...
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Episode 156 -Leveraging Device Demonstrations In Depositions: Lessons From The Uber Litigation
Traditionally, litigators seeking to understand an individual's or organization's devices - specifically, how they store, access, manage, and delete information - have either asked a deponent to testify from memory or arranged for a costly forensic inspection instead. In this episode, Jim...
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Episode 155 - Deposition Case Roundup for the Week of May 12, 2025
Today’s episode showcases four new deposition-related rulings, including one that makes a compelling case for using Rule 31 depositions by written questions; a second that underscores the need to proactively consider limiting deposition transcript distribution; a third that highlights rare...
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Episode 154 - Do You Know What AI Can Do For Your Deposition Practice?
If you haven't already deeply integrated AI into your deposition practice, buckle up! In this episode, Jim Garrity identifies five major use cases for AI when preparing to take or defend depositions. Then he offers cutting-edge tips for preparing winning AI "prompts," which are the instructions...
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Episode 153 - Deposition Case Roundup for the Week of April 2025
In this episode, Jim Garrity highlights three brand new deposition-related court rulings. The first presents the question of whether witnesses and their counsel can be prohibited from discussing the witnesses' testimony during recesses. The second addresses the propriety of asking foundational...
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Episode 152 - Deposition Case Roundup - March 20, 2025
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 otherwise taxable deposition costs, when an adversary prevails, by making these fairness-based…
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Episode 151 - Lessons from the Front Lines: Using Deposition Transcripts From One Case as Affidavits in Others
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 requirements of trial-oriented Fed. R. Civ. P. 32 (which requires a showing that the party against whom the...
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Episode 150 -The Role of Lawyer-Deponent Proximity, and Signifiers of Authority, in Deponent Cooperation Or Resistance
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 lessons will help you better understand deponent perceptions that may be triggering their...
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Episode 149 - "Argumentative" Examinations: Speech Masquerading As Questions
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, argumentative question or examination? Here, we’re not talking about the questioner’s tone or demeanor,...
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Episode 148 - Revisiting the Problem of Examiners Who Interrupt Your Deponents' Answers
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 this practice and/or creating a strong record that will allow your deponents to later add…
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Episode 147 - Going Off the Record While The Deponent Reads Documents? Here’s Why You Shouldn’t.
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 practice and is fraught with risks to both the examining and defending lawyer. Jim Garrity explains why.
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Episode 146 - Thorny Hedges: Linguistic Qualifiers (I Think, I Feel, I Believe) That Weaken Testimony
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 circles as "linguistic hedges." They're common and harmless in social conversations. But in the...
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Episode 145 - A Catchall Objection for Unusual Deposition Situations
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 by remote video in unconventional settings - living rooms, hotel lobbies, or their cars - where…
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Episode 144 - Narrative Objections Aren’t Necessarily “Speaking Objections” or Coaching
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. Some litigators see anything beyond a single word as a speaking objection or as coaching, but…
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Episode 143 - Depo Case Digest for the week of July 29, 2024
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 but refuse to let you fully and fairly cross-examine them. A second touches on the age-old question…
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Episode 142 - Deposition Protocol Stipulations
In this episode, Jim Garrity discusses deposition protocol stipulations, which are agreements between the parties that establish the framework for noticing and conducting depositions. They're common in class-action and multi-district cases, but they're useful - and underutilized - in ordinary...
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Episode 141 - Depo Case Digest for the Week of July 5, 2024
Our depo case digest episodes present a fast roundup of new deposition-related rulings nationwide. Today: (1) Two new rulings on relevance as a basis to instruct a witness not to answer a question, or to halt the deposition for purposes of seeking a protective order; (2) A ruling about a clever…
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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
As a result of listener requests, today we add a new kind of show—the Depo Digest episode—to our podcast. These new segments will supplement the regular single-topic deep dives for which we're known. The Depo Digest installments, in contrast, will quickly highlight three or four brand-new rulings...
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Episode 139 - Unpeeling the Layers of the Deponent's Memory
According to current cognitive psychology and neuroscience understanding, our memories are multilayered constructs composed of personal experiences and information acquired from external sources. So, when questioning witnesses about their recollections, it's crucial to understand what those…
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Episode 138 - When Must a Party Produce Documents to Be Used By a 30(b)(6) Designee at Deposition (Or Reviewed Beforehand?)
In this episode, Jim tackles the problem of 30(b)(6) witnesses showing up with voluminous notes and documents to use in refreshing their memory about the topics to be addressed. Are these witnesses automatically required to give you those notes and materials ahead of time? If not, is there…
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Episode 137 - Deploying Multiple Lawyers to the Same Deposition? Follow These Tips to Secure Fee Awards for All
Do you sometimes send multiple lawyers to depositions? If so, it's important to know how to maximize your odds of taxing each lawyer's fees when you prevail in the action and file your fee petition. As Jim Garrity says, it's easy to avoid traps, but it's also easy to step into them. In this…
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Episode 136 - Every Word Matters. See Them with Zoom's Live-Caption Feature.
Jim Garrity's observation is that many litigators are still not using Zoom’s live-caption feature in depositions. This setting is perfect for clients and other participants who want to watch remote depositions, but can’t play audio without disrupting others. It’s also excellent for you or others…
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Episode 135 - Lessons from the Front Lines: Don’t Forget Evidentiary Support When Seeking Protective Orders to Relieve Deponents of Travel for Depositions
The court ruling in the spotlight today is a reminder that it's critically important to include evidentiary support when you seek a protective order - to relieve a party or witness of the obligation to travel for deposition - based on financial, medical or caregiver reasons. It also reminds us of...
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Episode 134 - Deposition Interpreters Redux: Correcting Inaccurate Interpretations
In this episode we answer a listener who wanted to know how to correct a deposition transcript where the errors were caused by the interpreter, not by the court reporter. It's an important episode, because correcting interpreted deposition testimony requires planning before the deposition begins....
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Episode 133 - Who Pays the Initial Cost of a Deposition Interpreter?
Charges for deposition interpreters can easily double the cost of the deposition itself. So, who pays, and what's the underlying principle? What if the deponent speaks English but still demands an interpreter? Finally, can courts shift the cost (from one party to another) in some circumstances?…
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Episode 132: Pre- or Post-Deposition? Deciding When To Seek A Protective Order For Objectionable 30(b)(6) Topics
In today's episode Jim Garrity answers a question that vexes many litigators relating to corporate representative depositions under Fed. R. Civ. P. 30(b)(6) when the lawyers sharply disagree on the propriety of the topics. Is is better to seek court relief before - or after - the 30(b)(6)...
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Episode 131 -The Question to Ask after “Did You Take Any Medications That May Affect Your Testimony Today?"
In this episode, Garrity points out an important but usually overlooked followup question to ask right after you ask deponents if they took medication that might affect their testimony. Care to guess? (Don't look at the case in the show notes. That's cheating!) SHOW NOTES Stanford v. C.R. Bard,...
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ABOUT THIS SHOW
From Jim Garrity, the country’s leading deposition expert, comes this podcast for hardcore litigators. The subject? Taking and defending depositions.Each episode is a one-topic, mini field guide, meant to educate and inform trial lawyers looking for world-class deposition strategies and tactics. Garrity includes a general discussion of the topic, specific insights and guidance, questions to ponder, and case citations to support his observations. They’re jam-packed with immediately useful advice and guidance.Garrity has appeared as lead trial counsel in more than two thousand federal and state civil cases. His personal deposition experience now far exceeds the 10,000 mentioned in the title. (For business reasons, his publisher did not want him to update the title number.) He’s been up against the best litigators at hundreds of firms, from the nation’s largest to sole practitioners, and there’s literally no tactic, trick, variation or strategy he hasn’t seen hundreds of times. Indeed,
HOSTED BY
Jim Garrity
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Frequently Asked Questions
How many episodes does 10,000 Depositions Later Podcast have?
10,000 Depositions Later Podcast currently has 181 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is 10,000 Depositions Later Podcast about?
From Jim Garrity, the country’s leading deposition expert, comes this podcast for hardcore litigators. The subject? Taking and defending depositions.Each episode is a one-topic, mini field guide, meant to educate and inform trial lawyers looking for world-class deposition strategies and tactics....
How often does 10,000 Depositions Later Podcast release new episodes?
10,000 Depositions Later Podcast publishes regularly with 181 episodes available. Check the episode list for the typical release schedule.
Where can I listen to 10,000 Depositions Later Podcast?
You can listen to 10,000 Depositions Later Podcast on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts 10,000 Depositions Later Podcast?
10,000 Depositions Later Podcast is created and hosted by Jim Garrity.
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