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 7 - Audiotaping your Depositions

Are you independently audiotaping all your depositions? (We know you're not.) But why aren't you? Listen as Jim Garrity explains why you should routinely audiotape depositions, apart from stenographic or other means, and provides case authority and specific federal rule citations. Garrity argues that having an independent audiotape of deposition testimony is an incredibly powerful tool, widely overlooked by almost all litigators. A must-listen.

Oct 29, 202015 minEp. 7

Episode 6 - Using FRE 612 to Obtain Documents Used by Deponents to Refresh Recollections

The documents reviewed by deponents in order to refresh their recollections, before their upcoming testimony, can be of critical value. What did they look at? Is it something you even knew existed? You may need to get your hands on them. But there's a right way, and a wrong way, to lay the foundation in order to compel their production. In this podcast, we explain how to do it, using Federal Rule of Evidence 612. SHOW NOTES (Added after original episode publication date) J & R Passmore, LLC,...

Oct 28, 20203 minEp. 6

Episode 5 - "Legal Contention" Questions in Depositions

"Legal contention" questions have been widely ruled objectionable in depositions. But what are they? What should you be listening for in order to spot them? Why is it okay to ask them in interrogatories, but not in depositions? In this podcast, we explain what a legal contention question is, why it's objectionable in deposition, and how to recognize one. (They're very commonly asked, but many lawyers let them slip by without objection.) It's a topic that has proven elusive, and more than a littl...

Oct 27, 202014 minEp. 5

Episode 3 - "I Demand A Yes or No Answer"

In this episode, we answer the question, "Can a lawyer demand the deponent limit his or her answers to 'yes' or 'no'? Or can the witness go beyond a strict yes-or-no question to add context?"

Oct 23, 202012 minEp. 3

Episode 2, Part 2 - Tools for Capturing Testimony

In this second segment of Episode 2, we discuss different tools for capturing sworn testimony, including affidavits. Part I focused on depositions and EUOs. This part focuses on affidavits, tips for choosing which method you should use (and when), and when to pass on taking depositions at all.

Oct 22, 202015 minEp. 2

Episode 2, Part 1 - Tools for Capturing Testimony

In this two-part episode, we discuss three tools for capturing sworn testimony: depositions, examinations under oath (EUOs), and affidavits Part I focuses on depositions and EUOs. Part II will focus on affidavits, tips for choosing which method you should use and when, and when to pass on taking depositions at all.

Oct 21, 202023 minEp. 2

Introduction and Welcome to the Podcast!

Our introductory episode - why we're different, why you need to listen, and what you'll learn to help you develop superior skills in the taking and defending of pretrial depositions. The podcast is exclusively tailored to litigators and trial lawyers.

Oct 17, 202012 minEp. 1
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