TenThousandDepositionsLater

I think I found it. Pino v. Cardone Capital, LLC, et al. (also referred to as Christine Pino v. Cardone Capital, LLC, et al.), Case No. 2:20-cv-08499-JFW (KSx) (or 2:20-cv-08499-JFW-KS), in the United States District Court for the Central District of California. I love your posts of excerpts. Very interesting stuff. My staff want to take a look at the filings and see how the depositions evolved, including the rulings, if any, on whether the depositions can be publicly disseminated. Thanks. Jim.

@GrantCardone Can you post the case name, number and jurisdiction? I'm the author of the best-selling practice guide in the country on deposition strategies and tactics, and I'd like to look at the court docket. Thank you in advance. Jim Garrity.

Day 2 Part 3: UNEDITED

Need testimony from a federal employee? Your subpoena is nearly worthless. Here's the primer. Apple: apple.co/4winNOu — also Spotify, Google, Amazon.

Subscribe now to the #1 podcast dedicated solely to strategies and tactics for taking and defending depositions, by the leading expert on the topic.

The crucial key is showing the apex witness has "unique personal knowledge" (UPK). UPK reigns supreme. And, identify apex witnesses in your pleadings, discovery responses, and Rule 26 Disclosures, as early foundations to show their roles.

Motion for protective order granted. The court said the topics couldn't all even be covered in a 7-hour depo, so much of the prep would simply be wasted. See Order Granting Protective Order, May 18, 2023, Case No. 2:22-cv-438-CDS-NJK, 33 F.R.D. 103 (D. Nev. May 13, 2023)

INSTANT PRIVILEGE LOSS. Privileged testimony (or docs disclosed in) depositions leads to immediate waiver if not objected to. FRE 502(b)(3). Very different from inadvertent document productions, where obj must be made upon discovery, which may come weeks or months later.

COACHING: Lawyer wearing "COVID mask" allegedly whispered answers to deponent more than 50 times. Sanctions: Lawyer disqualified, Plaintiff allowed to play video of surreptitious comments to jury. Barksdale School etc, et al v. Williams 339 F.RD. 341 (D. Mass. Aug. 31, 2021).

Allowing an examining lawyer to cut off your deponent's responses is a serious problem. Here's how it can hurt you, and how best to handle it.

Weekly single-topic episodes on cutting-edge deposition strategies and tactics, with case cites in the show notes. By the expert and author of the country's leading practice manual.

Depos by written questions might seem a lot like ordinary interrogatories, but can't be served that way. See Lee Roy Hernandez v. Groendyke Transport, Inc., Defendant., No. 3:21-CV-0108-D, 2022 WL 2064886 (N.D. Tex. June 8, 2022)

Learn why it matters where you sit in depositions. podcasts.apple.com/us/podcast/10-…

Podcast Episode 92: Your deponent is taking notes while testifying. Can you demand their production on the spot? Listen for tips and tactics on this issue.

A federal judge ruled on May 3, 2022 that a plaintiff can't easily avoid an adversary's choice of depositions by written questions. LinTech Global, Inc. v. CAN Softtech, 2022 WL 1316561 (E.D. Mich. May 3, 2022)

Podcast Episode 90 out, explaining improper coaching tactics during your depositions. It's the #1 podcast in the world on civil pretrial deposition strategies.

Short, weekly, single-topic episodes. Actionable strategies and tactics. A must-listen for litigators.