10,000 Depositions Later Podcast | RedCircle
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10,000 Depositions Later Podcast

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, one federal judge, commenting in open court, observed that Garrity “has pulled multiple rabbits out of multiple hats,” meaning he wins cases against inconceivable odds. How? Because of his extraordinary deposition skills. Depositions are the decisive factor in nearly all settlements and trials. You cannot achieve excellent outcomes if you cannot prevail in depositions.


Garrity is famous for his simple, keen observation: “Depositions are the new trial.”  Why? Because almost none of your witnesses will ever testify anywhere other than in a deposition. Yale University Professor Marc Galanter, in his law review article titled “The Disappearance of Civil Trials in the United States,” opened with this shocking statistic: “Since the 1930’s, the proportion of civil cases concluded at trial has declined from about 20% to below 2% in the federal courts and below 1% in state courts.”


So depositions are in fact the new trial. Except for a tiny fraction of your cases, the court reporter's office is the only place where your testimony will be taken and heard. And that is where your case will be won or lost. You can’t afford anything less than expert-level skill in the deposition arts.


This podcast, based on Garrity's best-selling book,10,000 Deposition Later: The Premier Litigation Guide for Superior Deposition Practice (3d Ed., 450 pp.; Amazon, Barnes & Noble), is a litigator’s dream, not only revealing cutting-edge techniques and procedures, but telling you how to combine them creatively and successfully. Learn how to gain advantage at every step. Learn the path to victory and learn where the landmines are along that path. Discover the legitimate (and illegitimate) tactics opponents use that you’ve never seen before.


The podcast is heavy on insights you can immediately implement. Regardless of your years of experience, the episodes will provide an astonishing advantage. And each episode contains citation to court decisions to support Garrity’s advice.


His expert guidance begins with the moment you first conceive plans to capture testimony – whether by deposition, affidavit or EUO (and he’ll tell you how to figure out which to use and when). Most importantly, he explains what he does and why. No part of the deposition process will be overlooked – forming the battle plan, scheduling, dealing with reporters, taking depositions, defending them, prepping witnesses to make them invincible, handling every conceivable type of witness, making objections, dealing with obstructive lawyers, and tips pertinent to deposition transcripts, from the moment of receipt through trial.


If you’re serious about developing killer deposition skill sets, subscribe to this podcast so that you receive each episode automatically in your feet as they are uploaded. 

Episodes

Episode 109 -Upping Your Background & Lighting Game in Videotaped Depositions of Your Clients
Show Details15min 38s
Episode 108 - 32 Factors to Argue (For or Against) In Deposition Location Disputes
Show Details8min 9s
Episode 107 - Do Your Non-Party Subpoenas List the Remote Location as “Zoom Video?” You May Have a Problem.
Show Details5min 14s
Episode 106 -A Killer Option for Choosing Potent 30(b)(6) Designees
Show Details11min 25s
Episode 105 - Dealing with Deponents Who (For Now) Are Asserting a Fifth Amendment, Spousal, or Other Privilege
Show Details16min 43s
Episode 104 - What to Do About Incomplete Answers Caused by Interrupting Examiners?
Show Details21min 37s
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.)
Show Details20min 17s
Episode 102 - Lessons From The Front Lines: When Suspending Or Terminating A Deposition in Progress Due to Misconduct, Don’t Forget to Say This
Show Details11min 33s
Episode 101 -When Are Responses & Objections Due to Document Requests Embedded in a Notice of Deposition Duces Tecum? When Is the Actual Production Due?
Show Details17min 56s
Episode 100 -Can You Limit the Duration of an Opponent’s Deposition Before It Even Starts? (Yes.)
Show Details16min 51s
Episode 99 -Does FRCP 30’s 7-Hour Limit Include Cross? What if the Direct Used the Full Seven?
Show Details21min 52s
Episode 98: "Have You Now Told Me Everything That Supports Your Claims/Defenses?"
Show Details11min 18s
Episode 97 - Using Designated-Representative Depos When You Can't Depose An Apex Witness
Show Details8min 10s
Episode 96 - Lessons from The Front Lines: Hit with A Dispositive Motion Before You've Taken All Your Depositions? Do This (Immediately)
Show Details27min 3s
Episode 95 - Handling Deponents With Severe Speech Impediments
Show Details18min 5s
Episode 94 -What Five Things Should Litigators Be Doing More Of In Their Deposition Practice?
Show Details10min 39s
Episode 93 -Is There A "Best Place" to Sit When Questioning Deponents or Witnesses?
Show Details17min 28s
Episode 92 - The Deponent is Taking Notes While Testifying. Can You Demand Them?
Show Details18min 42s
Episode 91 - Remote Video Deponents on Cellphones
Show Details11min 5s
Episode 90 - So What, Exactly is Impermissible "Coaching" During a Deposition?
Show Details16min 9s
Episode 89 -Lessons from the Front Lines: An Appellate Court’s Ominous Comment to Litigants Fighting Over a Transcript’s Accuracy
Show Details18min 41s
Episode 88 -How to Avoid Being Taxed Costs for Videotaping When Your Opponent Also Arranged for a Stenographic Transcript
Show Details22min 19s
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.
Show Details27min 35s
Episode 86 - A St. Patrick's Day "Thank You" to 50 Lucky Listeners
Show Details3min 32s
Episode 85 - Can You Bluff Dishonest Deponents By Implying You Have Evidence that You Don't?
Show Details6min 27s
Episode 84 - Does the Rule of Sequestration Apply to Depositions?
Show Details18min 15s
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.)
Show Details22min 16s
Episode 82 - Testimonial Privileges: The Legislative Privilege
Show Details15min 36s
Episode 81 - How (and Why) to Ask Deponents About Prior Sworn Testimony
Show Details15min 58s
Episode 80 - Taking Depositions Before and After A Lawsuit
Show Details31min 51s
Episode 79: An Email Is Not a Notice of Taking Deposition (But It Could Be)
Show Details12min 24s
Episode 78: Lessons from the Front Lines: Why Google Couldn't Prevent the Apex Deposition of CEO Sundar Pichai
Show Details19min 31s
Episode 77 - Listener Questions About Depositions by Written Questions
Show Details7min 48s
Episode 76 - Demystifying Depositions by Written Questions
Show Details20min 32s
Episode 75 - Lessons From The Front Lines: Never Let Opponents Control the Timing & Sequence of Your Depositions
Show Details31min 11s
Episode 74 - Can You Read the Entirety of an Adverse Party’s Depositions at Trial, Even When the Deponents Are Available to Testify Live?
Show Details12min 24s
Episode 73 - Lessons from the Front Lines: Lawyer Suspended 91 Days for Allegedly Text-Coaching Remote Deponent
Show Details8min 50s
Episode 72 - Set Your Depositions Unilaterally After Asking for Dates…How Many Times?
Show Details12min 42s
Episode 71 - Lessons from the Front Lines: A Plaintiff Escapes Sanctions for Using Public Records Requests to Gather Information During a Discovery Stay
Show Details20min 7s
Episode 70 -Can Non-Record Lawyers Participate in the Depositions of their Non-Party Clients?
Show Details17min 11s
Episode 69 - So, What About Standing (a/k/a Continuing or Running) Objections?
Show Details21min 14s
Episode 68 -Objecting to the Use of Partial or Incomplete Documents in Depositions
Show Details8min 47s
Episode 67 - Do Deposition Subpoenas Expire?
Show Details9min
Episode 66 - Something to Know About Our Show Notes: We're Constantly Adding to Them
Show Details3min 57s
Episode 65 -Who's Zoomin' Who? Identifying Your Remote Deponents' Off-Screen Cheat Sheets
Show Details8min 36s
Episode 64 - Proving "Unavailability" in Order to Use Depositions at Trial
Show Details40min 54s
Episode 63 -About That Pesky Notice Language (For Use in Discovery "And/Or At Trial")
Show Details20min 10s
Episode 62 -A Tool for Motivating Deponents to Reveal What They Know, Without Fearing Retaliation
Show Details17min 30s
Episode 61 - Lessons from the Front Lines: A Judge’s All-In-One Guide to the Right (and Wrong) Way to Make Deposition Objections
Show Details14min 36s
Episode 60 - Core Essentials: Preparing Your Clients for Deposition, Part 7
Show Details16min 29s
Episode 59 - Core Essentials: Preparing Your Clients for Deposition, Part 6
Show Details17min 3s
Episode 58 - Core Essentials: Preparing Your Clients for Deposition, Part 5
Show Details24min 32s
Episode 57 - Core Essentials: Preparing Your Clients for Deposition, Part 4
Show Details27min 58s
Episode 56 - Core Essentials: Preparing Your Clients for Deposition, Part 3 ( The Three Building Blocks of Client Preparation)
Show Details13min 44s
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
Show Details17min 33s
Episode 54 - Remember the Errata!
Show Details6min 1s
Episode 53 - Core Essentials: Preparing Your Clients for Deposition, Part 2 (Helping Them Unlearn Misconceptions)
Show Details7min 17s
Episode 52 - Core Essentials: Preparing Your Clients for Deposition, Part 1 (The In-Depth Interview)
Show Details28min 51s
Episode 51 - Core Deposition Essentials
Show Details4min 7s
Episode 50 - Do You Have A Predictable "Deposition Profile?"
Show Details9min 26s
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?
Show Details14min 42s
Episode 48 - For Your Research Files: New Decision on Deposing Witnesses Even When the Adversary Swears They Know Nothing
Show Details14min 27s
Episode 47: A Listener Asks: Can An Entity Designate 29 Separate 30(b)(6) Witnesses for 30 Topics?
Show Details16min 58s
Episode 46 - Lessons from the Front Lines: What to Do When Your Opponent Notices Their Experts for Deposition Before You Do
Show Details23min 43s
Episode 45 - Objectionable Objections: When Defending Lawyers Claim THEY Don't Understand the Question
Show Details17min 43s
Episode 44 - Objectionable Objections: "If You Know"
Show Details6min 2s
Episode 43 - What to Do When Subpoenaed Non-Party Witnesses Fail to Appear for Deposition
Show Details16min 11s
Episode 42 - Lessons from the Front Lines - Carefully Choose the Documents You Use to Prepare Deponents
Show Details14min 23s
Episode 41 -Developing Deposition Testimony of Adverse Witnesses So You Can Lead Them During Your Case-In-Chief
Show Details19min 56s
Episode 40 - Lessons from the Front Lines: I Bet He Didn't Think His Speaking Objections Would be Played for THAT Audience.
Show Details7min 39s
Episode 39 -Do You Need 75, 100, or 150 Interrogatories? FRCP 30(b)(6) to the Rescue!
Show Details6min 6s
Episode 38 - Can More than One Lawyer for A Party Question the Deponent?
Show Details8min
Episode 37 - Witnesses for Whom Your Examination Might Best Be Left for Trial
Show Details11min 2s
Episode 36 - Can an Entity Later Use Affidavits to Contradict the Testimony of Its 30(b)(6) Designee?
Show Details9min 37s
Episode 35 - Lessons from the Front Lines: Excellent Remote Deposition Protocols for Your Depositions
Show Details2min 53s
Episode 34 - Consider Delaying Production of True Impeachment Evidence Until After the Key Pertinent Witness Has Been Deposed
Show Details10min 19s
Episode 33 - Using Depositions on Written Questions as an Offensive Weapon to Stop the Harassment of Deponents
Show Details5min 34s
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.
Show Details16min 1s
Episode 31 - Clearing Out the Testimonial Cobwebs at the Start of Your Depositions
Show Details10min 38s
Episode 30 - How to Sharply Reduce the Cost of Deposition Transcripts
Show Details18min 58s
Episode 29 - Lessons from the Front Lines: Are You Entitled to Depose a Witness Previously Deposed by Another Party?
Show Details11min 25s
Episode 28 - Preventing (Or Obtaining) A Second Deposition of A Party or Witness
Show Details22min 6s
Episode 27 - Is It Okay to Confer with Clients About Their Testimony During Deposition Breaks?
Show Details14min 7s
Episode 26 - Lessons from the Front Lines: Regret Terminating a Deposition? UN-terminate It Immediately.
Show Details13min 23s
Episode 25 - Can You Be Sued for Questions You Ask in Depositions?
Show Details26min 56s
Episode 24 - The Stunning Consequences of Setting "Short-Notice" Depositions
Show Details45min 55s
Episode 23 - Cross-Notice Jiu Jitsu: Using An Opponent's Cross-Notice Against It
Show Details7min 23s
Episode 22 - FRCP 29(a) Stipulations: A Way to Save Time, Money & Headaches
Show Details30min 25s
Episode 21 - Wizards and Codes: How to Precisely Track The Elapsed Examination Time During A Deposition
Show Details4min 16s
Episode 20 - Apex Depositions
Show Details12min 48s
Episode 19 - Lessons from the Front Lines: 922 Deposition Objections. (Then Sanctions Happened.)
Show Details12min 43s
Episode 18 - The New Change to FRCP 30(b)(6), Effective December 1, 2020
Show Details10min 13s
Episode 17 - Can You Ask the Same Questions In Depositions That You Just Asked (And Got Answers To) In Interrogatories?
Show Details15min 58s
Episode 16 - Contesting Excessive Expert Deposition Fees
Show Details17min 24s
Episode 15 - Remote Deposition Protocols for COVID and Beyond
Show Details4min 49s
Episode 14 - Lessons from the Front Lines: Asked and Answered Objections
Show Details10min 47s
Episode 13 - The Real Reason to Cross-Notice A Deposition
Show Details23min 36s
Episode 12 - What's the Right Way to Make Form Objections?
Show Details23min 20s
Episode 11 - Physical Demonstrations and Re-enactments in Depositions
Show Details26min 21s
Episode 10 - Errata Sheet Tips and Traps
Show Details18min 24s
Episode 9 - Dealing with Cross Beyond the Scope in Depositions
Show Details10min 5s
Episode 8 - Taking a Portable Printer to Depositions
Show Details8min 4s
Episode 7 - Audiotaping your Depositions
Show Details15min 23s
Episode 6 - Using FRE 612 to Obtain Documents Used by Deponents to Refresh Recollections
Show Details3min 13s
Episode 5 - "Legal Contention" Questions in Depositions
Show Details13min 58s
Episode 4 - What is the "Right" Style for Deposing Witnesses?
Show Details3min 42s
Episode 3 - "I Demand A Yes or No Answer"
Show Details11min 39s
Episode 2, Part 2 - Tools for Capturing Testimony
Show Details15min 15s
Episode 2, Part 1 - Tools for Capturing Testimony
Show Details22min 38s
Introduction and Welcome to the Podcast!
Show Details12min 16s