10,000 Depositions Later Podcast - podcast cover

10,000 Depositions Later Podcast

Jim Garrityredcircle.com

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. 

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Episodes

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 episode, Jim Garrity dissects a brand-new court ruling on the topic, explains in detail why the plaintiff in that case failed to win a protective order requiring her to travel 2,000 miles back to the litigati...

Jun 23, 202519 minEp. 157

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 spotlights a fantastic middle ground: requiring a deponent (individual or 30(b)(6) rep) to bring their devices to the deposition and demonstrate their functions and programs or apps during a videotaped examinat...

May 23, 202518 minEp. 156

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 exceptions to a party’s right to attend depositions; and a fourth which reinforces the basic principle that deposition subpoenas duces tecum cannot be used to shorten Rule 34’s 30-day document production timel...

May 14, 202514 minEp. 152

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 you'll give AI programs so they'll give you the exact assistance you need. Incredible topic and incredible tips, all in just 23 minutes. Thanks for listening! SHOW NOTES: The three AI apps we use currentl...

Apr 24, 202523 minEp. 154

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 questions of privilege-bearing deponents to determine if the assertion of privilege is legitimate; the opinion explains what "foundational" questions are, gives examples, and details the procedure for depo...

Apr 12, 202523 minEp. 153

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 arguments FRCP 30(b)(6) topic lists must be proportionate to the case, as a court ruled when refusing to evaluate a list of 503 topics The rule of sequestration does not apply in federal civil cases and the majo...

Mar 19, 202517 minEp. 152

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 deposition is offered had notice and a chance to examine the deposition) when it is offered in proceedings that allow testimony by affidavit, such as at summary judgment. SHOW NOTES Surety v. Co. v. Dwig...

Mar 04, 202511 minEp. 151

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 uncooperativeness. While some elements of the study were considered controversial, other mundane but noteworthy observations can help deter obstructive behavior by deponents.

Feb 11, 202515 minEp. 150

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, i.e., arguing in the classic sense of yelling and bickering with the deponent. We’re talking about questions where lawyers aren’t really asking a question designed to elicit facts but are instead injecting...

Jan 31, 202511 minEp. 149

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 materially to their interrupted testimony, whether by errata sheet, affidavit, or live testimony. Courts are far more likely to allow that where you've used Garrity's strategies. (By the way, if you have a moment...

Jan 04, 202517 minEp. 148

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 unforgiving world of sworn testimony, they create a record suggesting witnesses don't know what they're talking about. Not only do hedges diminish the force of testimony, but they can render it entirely inadm...

Dec 02, 202417 minEp. 146

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 others are present and may disrupt or influence the testimony. The rules' drafters couldn't possibly anticipate these new challenges. So, for misconduct that isn't squarely covered by a specific objection, J...

Nov 15, 202410 minEp. 145

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 that's not so. Jim untangles the spaghetti in this episode. (By the way, there are a total of 12 cases and rules listed in the show notes. If you don't see them all, click through to our podcast page, and you...

Nov 06, 202421 minEp. 144

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 of whether "Form!" or "Objection!" is enough or whether you must articulate the specific evidentiary basis. The third offers an idea for administering a slightly modified oath to immature deponents who m...

Jul 31, 202417 minEp. 143

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 litigation as well. They can also be used to create internal deposition guidelines for law firms and legal organizations. Jim lists about three dozen common provisions in such agreements and offers practice...

Jul 17, 202418 minEp. 143

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 way to assure testimony is admissible when you use leading questions in deposing a witness considered "hostile" under rules of evidence; and (3) A case on excluding parties from depositions when their pre...

Jul 08, 202418 minEp. 141

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 of interest to you as a litigator. Jim Garrity explains that our team reviews more than 500 deposition-related rulings weekly. Not all justify a full episode by themselves, but many are still of real pr...

Jun 22, 20249 minEp. 140

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 layers are made up of. Is it purely personal recollection? Does it include what they were told by others? Does it include what they were told when their lawyer prepped them for the deposition? Examining the u...

Jun 08, 20248 minEp. 139

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 anything you can do to get them beforehand? And, what about getting copies of documents these and other deponents looked at before the deposition but didn't bring with? For the answers to these and other quest...

May 15, 202421 minEp. 138

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 episode he provides bright-line guidance for making your fee petition a successful one. Have a great week! SHOW NOTES Basic Principle Gradisher v. Check Enf't Unit, Inc., No. 1:00-CV-401, 2003 WL 187416, at *...

May 02, 202411 minEp. 137

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 on your team to ensure you asked the question you planned and got the answer you think you heard. Some great tips in this episode, as always. (And can we ask you a favor? Would you take an extra 18 secon...

Apr 24, 20245 minEp. 136

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 the importance of providing your judge with the most recent case law, which is trending toward routinely allowing remote depositions in most situations. As always, Jim Garrity provides critical practice...

Apr 22, 202414 min

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. As always, Jim Garrity provides invaluable practice tips and strategies. Thanks for listening! SHOW NOTES Fed.R.Civ.P. 30(e)(1) (providing framework for requesting review of, reviewing, and making chang...

Apr 10, 20248 minEp. 134

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? All your questions will be answered, in just 19 minutes flat. Today's show notes, like those with every episode, contains a wealth of case citations on point. Check them out, and thanks for listening! SHO...

Apr 05, 202420 minEp. 133

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) deposition? And, assuming it's proper to seek a protective order either before or after, is one better than the other, and why? Thanks for listening! Be sure to check out the show notes, which contain the resea...

Feb 01, 202418 minEp. 132

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, Inc, et al., Case No. 121-cv-00576-DDD-SBP, 2023 WL 9024610 (D. Colo. Nov. 9, 2023) (summary judgment granted, and plaintiff’s affidavit stricken, where plaintiff sought to avoid unequivocal deposition te...

Jan 04, 202412 minEp. 131

Episode 130 - Choosing An "Actor" To Read Deposition Testimony in Evidentiary Hearings and Trials

Today, Jim Garrity talks about a powerful technique for increasing the persuasive impact of deposition testimony that must be read to the trier of fact when a deponent is unavailable. Done properly, according to some lawyers who've used the tactic, it can contribute to victory, without drawing the attention of an opponent. And while you're here, would you mind taking just a few seconds and give this podcast a 5-star rating on whichever site you visited (e.g., Apple, Spotify, Google). Your positi...

Nov 24, 202318 minEp. 130

Episode 129 -Lessons from the Front Lines: Can Multiple Lawyers Representing the Same Party Each Object During a Deposition?

In our never-ending mission to ensure you're never caught off guard, no matter what the tactic, today we address the question whether multiple lawyers on behalf of the same party object during a deposition. As always, we discuss the best strategies when using (or defending against) this tactic, and we provide cases on point in the show notes. Have a great week! SHOW NOTES Webster v. Target Corporation, Case No. 2:22-cv-11293-MAG-CI, 2023 WL 6509097 (E. D. Mich. Oct. 5, 2023) (holding that there ...

Oct 15, 202317 minEp. 129

Episode 128 - Convincing a Court that an EUO is Not a Deposition

Why do some courts and lawyers instinctively react to examinations under oath (EUOs), also called sworn statements, as if they're "secret depositions?" When conducted properly, they clearly aren't. But the issue still arises from time to time. In this episode Garrity talks about two recent court rulings. One is from a Florida federal judge that rejected an effort to have the court treat EUOs and depositions as one and the same. The other, from South Carolina, sanctioned a defendant for taking an...

Oct 05, 202325 minEp. 128
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