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 97 - Using Designated-Representative Depos When You Can't Depose An Apex Witness

In this episode, Jim Garrity discusses a question he got from a lawyer whose corporate opponent refused to make the CEO available for deposition under the "apex doctrine." Garrity explains the advice he gave, which was to immediately notice a designated-representative deposition under Fed. R. Civ. P. 30(b)(6). He also discusses the value of designated-representative depositions in arbitration, where - because of sharp restrictions on the number of depositions that can be taken - many witnesses w...

Jul 01, 20228 minEp. 97

Episode 96 - Lessons from The Front Lines: Hit with A Dispositive Motion Before You've Taken All Your Depositions? Do This (Immediately)

In this episode, Jim Garrity highlights a June 17, 2022 court ruling where Fed. R. Civ. P. 56(d) was in play. This rule allows you to ask a court to defer ruling on a prematurely-filed summary judgment motion, in order to allow you more time to complete depositions for use in opposing the motion. Here, Garrity dives deep into the rule, and into the winning and losing ways to draft or oppose FRCP 56(d) motions. Our Lessons from the Front Lines episodes spotlight brand-new deposition-related court...

Jun 23, 202227 minEp. 96

Episode 95 - Handling Deponents With Severe Speech Impediments

In this episode, Jim Garrity offers critical tips for preparing deponents who suffer from severe speech impediments. If left unaddressed, much of the deponent's testimony will be lost. It doesn't need to be that way, and Garrity offers a host of valuable practice tips to help litigators on both sides of this issue. This episode is based on the 13 reported court decisions in the show notes below. (And one more thing? Would you please go to our podcast, wherever you download it, and leave us a 5-s...

Jun 17, 202218 minEp. 95

Episode 94 -What Five Things Should Litigators Be Doing More Of In Their Deposition Practice?

In this episode, Jim Garrity discusses a brainstorming meeting he had with the podcast staff about show topics for the coming year. One member suggested he develop a "top five list" of things that litigators should be doing, but aren't. Bad idea! As Garrity explains in the episode, there is no single list of things all trial lawyers should do. Effective deposition plans are highly individualized. So one-size-fits-all checklists for litigators, applied mechanically, foster the very opposite of tr...

Jun 05, 202211 minEp. 94

Episode 93 -Is There A "Best Place" to Sit When Questioning Deponents or Witnesses?

In this episode, Jim Garrity explores the psychological impact of seating arrangements, and how various seating configurations affect the way witnesses and deponents perceive you. As he explains, some seating arrangements are intuitively collaborative in nature, and give off friendly, cooperative vibes. Others, the research shows, can create negative energy from the outset. As always, he ends with practical guidance and insights on the best places to sit - vis-a-vis your subjects - for depositio...

May 30, 202217 minEp. 93

Episode 92 - The Deponent is Taking Notes While Testifying. Can You Demand Them?

In this episode, Jim Garrity ponder the issue whether you're immediately entitled to obtain notes taken by a deponent while testifying or, to go a step further, the notes of non-attorney witnesses observing the depositions of others. As always, Garrity offers practice tip for those seeking such notes and those opposing their production. Cases mentioned in the show are listed below. And one more thing? Would you consider leaving us a 5-star rating, a positive review, wherever you get your podcast...

May 20, 202219 minEp. 92

Episode 91 - Remote Video Deponents on Cellphones

In this episode, Jim talks about the problems associated with taking document-intensive depositions of remote video deponents who are participating on their cellphones. As always, Jim offers specific practice pointers for solving the problem. Have a great week!

May 02, 202211 minEp. 91

Episode 90 - So What, Exactly is Impermissible "Coaching" During a Deposition?

In this episode, Jim Garrity explains what constitutes improper coaching during depositions, and offers a wide range of examples. As always, cases mentioned in the episode appear below in the show notes. Thanks for listening! And if you haven't checked out the book on which this podcast is based, you can find it on Amazon and just about everywhere else. Look for 10,000 Depositions Later: The Premier Litigation Guide for Superior Deposition Practice. Now in its third edition at 450 pages, in both...

Apr 25, 202216 minEp. 90

Episode 89 -Lessons from the Front Lines: An Appellate Court’s Ominous Comment to Litigants Fighting Over a Transcript’s Accuracy

In this episode, Jim Garrity discusses an April 18, 2022, opinion from a federal appellate court, about a dispute between the parties over the accuracy of the stenographic transcript of the plaintiff's deposition. Despite the arguments made at the trial level about errors in the transcript, neither the parties nor the trial judges apparently obtained the audio of the deposition and made it a part of the record. That prompted the appellate court to vacate the summary judgment ruling and send the ...

Apr 22, 202219 minEp. 89

Episode 88 -How to Avoid Being Taxed Costs for Videotaping When Your Opponent Also Arranged for a Stenographic Transcript

Today Jim Garrity offers up 14 different, caselaw-supported, arguments to protect your client from being taxed with an opponent's videographer costs following an adverse case outcome. Many lawyers take for granted that the taxation of videographer charges is just as inevitable as for stenographic transcripts. That just isn't so. Listen for more. And remember our show notes contain all the cases mentioned in the episode. Today there are 18 cases in the list. If you can't see them all, click throu...

Apr 10, 202222 minEp. 88

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.

Today, Jim Garrity interviews the chief legal officer of a company that offers commodity-priced transcripts with all the bells and whistles of the most expensive traditional court reporters. In the episode, the CLO, Dean Whalen, walks through the easy ABCs of using his company for reporting services. Here's a blurb from the company's website to give you a flavor for what you'll hear in the interview: "Active Reporting replaces all the annoying add-on fees with all the rich services litigators ne...

Apr 06, 202228 minEp. 87

Episode 85 - Can You Bluff Dishonest Deponents By Implying You Have Evidence that You Don't?

In this episode, Jim Garrity tackles the question whether you can bluff a dishonest deponent - for the purpose of encouraging the witness to be truthful - by implying you have evidence that actually doesn't exist? This episode discusses a decision that confronted this precise question. A lawyer placed cassette tapes on a table in front of a deponent during the examination. The tapes were suggestively labeled to imply that the tapes contained recordings of the witness' conversations, although the...

Mar 13, 20226 min

Episode 84 - Does the Rule of Sequestration Apply to Depositions?

In this episode, Jim Garrity addresses one of the most widely-held misconceptions about deposition practice. He also provides practice tips when an opposing lawyer "invokes the rule" and demands that one or more of your attendees leave the deposition room, to prevent them from hearing a deponent's testimony. Garrity also shares tips from the opposite viewpoint - what to do when you're the lawyer who wants attendees excluded. As always, we've included case citations below to decisions on the topi...

Mar 04, 202218 minEp. 84

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.)

As you know, our Lessons from the Front Lines episodes spotlight brand-new court rulings from around the country on deposition-related topics. Today's case in the spotlight raises an issue we covered last year in Episode #49 - whether a lawyer can properly ask deponents during depositions to search their cell phones for information (assuming the deponent was not subpoenaed to bring the information or device). In this episode, Jim Garrity tells you exactly what questions the lawyer asked, what th...

Feb 22, 202222 minEp. 83

Episode 82 - Testimonial Privileges: The Legislative Privilege

In this episode - the first in a new series this year on testimonial privileges that can impede your efforts to depose witnesses - Jim Garrity explains the "legislative privilege," applicable to legislators and others who engage in legislative functions. It's not the same as "legislative immunity," and as with all privileges, there are ways to depose witnesses who can assert it. In this episode, there are fifteen cases cited in the show notes. If you can't see all fourteen, click through to our ...

Feb 20, 202216 minEp. 82

Episode 81 - How (and Why) to Ask Deponents About Prior Sworn Testimony

In this episode, Jim Garrity stresses the importance of systematically asking deponents to catalogue their prior testimonial experience in any form or forum. A witness' prior testimony can be an intelligence goldmine. No company Garrity knows of maintains (or at least admits to maintaining) a readily-available record of where, when and on what its current and former employees have testified. So the best source - unfiltered by opposing lawyers - are witnesses in their depositions. Garrity shares ...

Feb 11, 202216 minEp. 81

Episode 80 - Taking Depositions Before and After A Lawsuit

In this episode, Jim Garrity does a deep dive into Fed. R. Civ. P. 27 (and its state equivalents, because virtually all U.S. states and territories have a similar rule). Rule 27 allows you to take depositions before a lawsuit has been filed - and also when a judgment has been entered and the case is on appeal - in order to perpetuate/preserve testimony. But the rule actually allows so much more. In fact, Garrity says its name, "Depositions To Perpetuate Testimony," would be more accurate if it w...

Feb 05, 202232 min

Episode 79: An Email Is Not a Notice of Taking Deposition (But It Could Be)

In this episode, Jim Garrity discusses an October 21, 2021 ruling granting a protective order blocking plaintiffs' depositions set on short notice. In the case Garrity discusses, the plaintiffs' lawyer sent emails - one 49 days before the close of discovery, and another 42 days before the deadline - seeking deposition dates for specific named witnesses. But the actual Notice of Taking Depositions wasn't served until October 14, just a few days before the October 18, 19, and 20 depositions, and w...

Jan 19, 202212 minEp. 79

Episode 78: Lessons from the Front Lines: Why Google Couldn't Prevent the Apex Deposition of CEO Sundar Pichai

In this Lessons from the Front Lines episode, Jim Garrity analyzes Google's opposition to the deposition in a class action of its highest-level official, Sundar Pichai. The fight, which ended in a December 27, 2021 ruling allowing the deposition, implicates the judicially-created "apex witness" doctrine. That doctrine holds that depositions of top corporate, elected, and other government officials - those at the apex of their organization - should be discouraged or even prohibited unless the mov...

Jan 01, 202220 minEp. 78

Episode 77 - Listener Questions About Depositions by Written Questions

In this episode, Jim Garrity answers some listener questions about depositions by written questions, and shares additional thoughts about the technique, which we covered in Episode 76. This will be our last episode of the year, and we wish all of our listeners a safe and happy holiday season and New Year. We're thrilled to report that we added thousands and thousands of new listeners in 2020, our first full year of the podcast, and we're grateful for the rave reviews about the way we structured ...

Dec 21, 20218 minEp. 77

Episode 76 - Demystifying Depositions by Written Questions

In this episode, Jim Garrity explains how depositions by written questions work, and when to use them. Many lawyers have never deposed a witness this way. Garrity argues that this tool has value, and that you should experiment with them to gain both a working understanding of this option and to further expand your deposition skill set. There's a bonus PDF with this episode as well, available free upon request, as explained in the audio. And as always, the show notes contain full case citations t...

Dec 15, 202121 minEp. 76

Episode 75 - Lessons From The Front Lines: Never Let Opponents Control the Timing & Sequence of Your Depositions

In this episode, Jim Garrity talks about the sequence and timing of your depositions. Who is allowed to go first? What if the opposing lawyers insist on deposing your client first, and won't agree to dates for your depositions unless you consent? What if your opponents won't agree to any depositions until your responses to their interrogatories are complete? And what if they're the first to notice a deposition of a witness you also need to depose, but they set it six months from now? Can you go ...

Dec 11, 202131 min

Episode 74 - Can You Read the Entirety of an Adverse Party’s Depositions at Trial, Even When the Deponents Are Available to Testify Live?

In this episode, Jim Garrity looks at a tactic expressly allowed by the rules, but almost always prohibited by judges, specifically the reading of the entire deposition of an adverse party's witnesses to the jury. The practice seems authorized by Fed. R. Civ. P. 30(a)(3) and similar language in many state court rules, which say the deposition of an adverse party can be used “for any purpose” at trial. Yet while many lawyers have tried, few have succeeded, if those deponents are available to test...

Nov 30, 202112 minEp. 74

Episode 73 - Lessons from the Front Lines: Lawyer Suspended 91 Days for Allegedly Text-Coaching Remote Deponent

In this episode, Jim discusses the November 18, 2021 decision of the Florida Supreme Court suspending a lawyer who was allegedly caught text-coaching a deponent while testimony was in progress. As always, keep in mind that our Lessons from the Front Lines episodes report on brand-new decisions, usually issued within a day or two of the podcast episode discussing them. That means that the decisions may still be challenged, revised, withdrawn, or appealed. Most cases spotlighted in this kind of ep...

Nov 20, 20219 minEp. 73

Episode 72 - Set Your Depositions Unilaterally After Asking for Dates…How Many Times?

In this episode, Jim Garrity tackles a sometimes-sticky question: How many times do you have to ask an opponent or witness for deposition dates before you can just set them unilaterally? Garrity tells you (a) exactly how many times you should ask for dates before you set them without agreement, and (b) exactly what to say. Do you have an extra 60 seconds today? Our show production staff would greatly appreciate it if you would use those 60 seconds to go to wherever you get your podcasts and leav...

Nov 19, 202113 minEp. 72

Episode 71 - Lessons from the Front Lines: A Plaintiff Escapes Sanctions for Using Public Records Requests to Gather Information During a Discovery Stay

In this episode - one in a recurring series where we share brand new deposition-related court rulings from around the country - Jim Garrity tells you about a ruling just three days ago, where a judge pondered the question whether a plaintiff's lawyer had violated a discovery stay by using a public-records act request to gather information while the stay was in effect. It's similar to a line of cases where courts have said that gathering witness statements in "deposition-like" settings while a st...

Nov 07, 202120 minEp. 71

Episode 70 -Can Non-Record Lawyers Participate in the Depositions of their Non-Party Clients?

In this episode, Jim Garrity brings clarity to a quandary experienced by many litigators: Can the non-record lawyers of non-party deponents show up at the deposition and actively participate? By objecting, by asking questions, by giving directions to the court reporter, or engaging in colloquy with record counsel? As always, the cases upon which this episode is based are listed in the show notes below. If it looks like our show notes are cut off wherever you get your podcast, click through to ou...

Oct 29, 202117 minEp. 70

Episode 69 - So, What About Standing (a/k/a Continuing or Running) Objections?

In this episode, Jim Garrity discusses so-called standing objections, where - in theory - the parties agree that defending lawyers need not make continual objections to a specific line of questioning in order to preserve their rights. What factors should you take into account in offering, or agreeing to, a standing objection? Garrity offers a wide range of practical tips to consider. Cases upon which this episode are based appear in the show notes below. Cases that begin with a double asterisk w...

Oct 21, 202121 minEp. 69

Episode 68 -Objecting to the Use of Partial or Incomplete Documents in Depositions

Why do litigators feel comfortable dismembering emails, and showing deponents only fragments of the actual conversation? More importantly, why do they think it's okay? In this episode, Jim Garrity discusses "rule of completeness" objections, and why you need to make them. As always, be sure to check out the show notes, which contain the authorities on which each episode is based. The show notes below for this episode contain nine references to authorities. If you can't see them all wherever you ...

Oct 15, 20219 minEp. 68
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