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 127 -Handling Court Reporters Seeking to Videotape Your Remote Depositions For “Backup Purposes”

The federal rules and their state equivalents do not authorize reporters to designate a method of recording. But one national court reporting conglomerate has just instructed its reporters to begin videotaping remote depositions as a matter of course, purportedly as "backup media." But given the absence of regulation regarding reporter backup recordings, what should you do to protect your deponents against the use, misuse or even sale of backup video recordings? (At least one reporting organizat...

Sep 15, 202323 minEp. 127

Episode 126 - The Increasingly Poor Odds of Forcing Even Parties to Travel for In-Person Depositions

In today's episode, Jim Garrity discusses the ongoing seismic shift in judicial views about remote video depositions, as reflected in a court ruling four days ago. There, a judge refused to order a plaintiff to travel to the jurisdiction for an in-person deposition. The judge's reasoning? The sharp improvement in technology has made video depositions the functional equivalent, and credibility assessments can be made just as well remotely as in person. Listen in for the details, and for practice ...

Sep 02, 202330 minEp. 126

Episode 125 - Handling An Opponents' Last-Minute Notice They're Videotaping Your Client's Deposition

In this episode, Jim covers the problem of opposing lawyers who provide little or no notice of their plan to videotape your client's depositions, and explains the procedure for dealing with this kind of ambush. SHOW NOTES Chawla v. Metro. Oral Surgery Associates, P.C., 2014 WL 4678023, Case No. 11-CV-6248 RRM VMS (E.D.N.Y. Sept. 19, 2014) (criticizing plaintiff’s complaint about one days’ notice by defense of intention to videotape deposition, where original notice was served more than a month e...

Aug 25, 202318 min

Episode 124 -Can You Issue a 30(b)(6)-Style Trial Subpoena, Addressed Simply to “Corporate Representative with Knowledge On (Listed Topics)"?

Can you issue a trial subpoena under Fed. R. Civ. P. 45 (or its state equivalents) not to a named person, but instead to a 30(b)(6)-style "Corporate Representative" and attach a list of topics? In this episode, Jim Garrity outlines the leading cases on point and discusses the arguments pro and con. The Show Notes below include a list of the cases upon which this episode is based, as well as a cite to an actual subpoena issued in this manner and the Motion to Quash that the subpoena triggered. (R...

Aug 08, 202313 minEp. 124

Episode 123 - Lessons from the Front Lines: Free Transcripts Courtesy of Your Opponent? Maybe. Here's How.

In this episode, Jim Garrity steps up to the plate to take a swing at a controversial tactic: using a request for production to demand an opponent turn over, free, copies of transcripts of depositions taken in the pending case. Is it forbidden by Fed. R. Civ. P. 34 and its state analogues? Is it fair to court reporters and opposing counsels? Does fairness have a role if it's permitted by rule? Get the lowdown, practice tips, and supporting authorities in the Show Notes below. Thanks for listenin...

Aug 02, 202331 minEp. 123

Episode 122 - Lessons from the Front Lines: The Overuse of An Underused 30(b)(6) Technique Leads to Severe Sanctions

In this episode, Jim Garrity talks about a new federal appellate decision that affirmed severe sanctions against a party whose lone designated 30(b)(6) representative largely read from lengthy, lawyer-scripted statements, and who was often unable to answer questions without regurgitating the prewritten information. The “scripts” ran hundreds of pages, and the witness sometimes read from them for as much as 45 minutes at a time. Memory aids or notes are an acceptable testimonial aid for 30(b)(6) ...

Jun 21, 202318 minEp. 122

Episode 121 - A Review of CaseText's New AI-Powered Deposition Prep Software

In this episode, Jim reviews the force-multiplier capabilities of CaseText's new AI-powered software known as Co-Counsel, introduced just 90 days ago. One of its features is "Prepare for a Deposition," which allows litigators to generate a theoretically-unlimited number of deposition topics and questions. Our initial take? It could be a phenomenal and cost-effective tool in your deposition practice. We took a seven-day test run of the software (link below) and now report the results and many cre...

May 20, 202327 minEp. 121

Episode 120 - Must You Object to An Improper Objection?

Many courts have held that a lawyer who makes a technically-improper objection waives the objection. This often arises in jurisdictions where a form objection must include the legal basis (e.g., "Form, compound"). But since a defective objection could be cured during the deposition upon notice, must the examining lawyer object to the objection to lock in the waiver? Fed. R. Civ. P. 32(d)(3)(B) says objections to any errors or irregularities during a deposition are waived unless a timely objectio...

May 17, 202316 minEp. 117

Episode 119 -Lessons from the Front Lines: The (Very) Fine Line Between Reserving the Right to Read – And Waiving It

In this episode, Jim Garrity discusses a brand new court ruling where a judge held that requests to review a transcript before it's finalized must be made before the deposition is completed, failing which the request is untimely, even if made immediately after the deposition concludes. The order says defense counsel claimed to make the "read request" after the reporter announced "We're off the record" but while the reporter and all counsel were still logged in on a Zoom link. Even so, the court ...

Apr 30, 202314 minEp. 121

Episode 118 -The (Relatively) Low Bar for Limiting the Non-Judicial Use of Deposition Transcripts & Recordings

In this episode, Jim Garrity discusses the “good cause” standard for seeking a protective order limiting the use of deposition transcripts and recordings beyond the pending case. Some judges continue to misapply the applicable standard for such protective orders. Garrity talks about one such ruling, just issued, that once again applied an outdated and legally erroneous standard. Given the ease with which deposition transcripts and recordings can be instantly posted online - and in light of the f...

Apr 22, 202317 minEp. 118

Episode 117 - Asked and Answered: How Many Times is Too Many?

In this episode, Jim Garrity tackles the frequent problem of repetitive questions in depositions, and answers the questions "How many of the same questions is too many? What factors should I consider in deciding whether the repetition has transitioned into harassment? And at that point, what do I do?" As always, Jim offers practice tips, identifies the legal grounds for "asked and answered" objections and for instructing deponents not to answer repetitious questions. And don't forget the show no...

Apr 12, 202329 minEp. 117

Episode 116 - ChatGPT and Depositions

In this episode, Jim explains why you'd be well-served to download and use OpenAI's ChatGPT software in your deposition practice, both beforehand and on the fly during depositions. He also offers numerous examples to help you understand how this stunning advance in artificial intelligence can sharpen your skills, whether taking or defending.

Mar 19, 202316 minEp. 116

Episode 114 - Opting NOT to Reword an Allegedly Ambiguous Question

Ever run into deponents who pretend they don't understand even the simplest questions? Of course you have. (Who hasn't?) Today, Jim Garrity explains why you might not want to continue rewording questions for such slippery deponents, instead using their sham "confusion" against them to attack their credibility (or even to seek sanctions). SHOW NOTES Skyline Advanced Tech. Servs. v. Shafer, No. 18-CV-06641-CRB-RMI, 2020 WL 13093877, at *4 (N. D. Cal. July 14, 2020), report and recommendation adopt...

Mar 04, 202310 minEp. 114

Episode 113 - Instant Privilege Loss in Depositions

In this episode, Jim Garrity addresses the risk of instant privilege loss - attorney-client, work-product, or any other privilege - in depositions, absent immediate objection and an instruction not to answer (and an immediate demand for return of privileged documents, if applicable). He discusses a decision where a court found that a plaintiff waived the attorney-client privilege by answering just three questions over two minutes, because there had been no objection or instruction not to answer ...

Feb 22, 202317 minEp. 113

Episode 112 -Lessons From The Front Lines: Plaintiffs Fined $100,000 For Arranging Surreptitious Recording of Remote Live Depo Feed

How often are lawyers, deponents, and other participants surreptitiously recording depositions, including conversations during breaks that are meant to be private or privileged? Jim Garrity reports on this troubling conduct and surmises that it happens a lot more than many realize. As always, Garrity offers practice tips at the end of the episode, and our research on the topic appears in the show notes below. Thanks for listening! SHOW NOTES Defendant’s Second Motion for Terminating Sanctions (f...

Feb 16, 202324 minEp. 112

Episode 111 -Lessons From The Front Lines: Another Reason To Choose Your 30(b)(6) Designees Carefully

In this episode, Jim Garrity discusses a new summary judgment ruling against a company based in part on testimony by its 30(b)(6) designee that was outside the scope of the designee's topics. The ruling highlights the risk of choosing designees who possess personal knowledge well beyond the topics about which they will testify. Garrity offers practice tips for litigators on both sides of this issue - for those who select, prepare, and defend 30(b)(6) designees, and for those who schedule and dep...

Dec 30, 202219 minEp. 111

Episode 110 - "Are You Calling Them A Liar?"

In this episode Jim Garrity tackles the propriety of a question often heard in depositions when the deponent has just contradicted the testimony of another witness: "Are you calling them a liar?" Is this objectionable? If so, what's the objection? If it's objectionable and you don't object, is it per se reversible error? Is there a better way to ask the question? So many questions, so little time. But Jim answers them all and more, in just 13 1/2 minutes. (And speaking of time, do you have time ...

Dec 16, 202214 minEp. 110

Episode 109 -Upping Your Background & Lighting Game in Videotaped Depositions of Your Clients

In this episode, Jim Garrity continues his advocacy for litigators’ active management of every facet of their depositions, this time focusing on two sorely-neglected components of video depositions: background and lighting. Today he talks about ways to gain control of these two elements. He also tells you where we buy our backgrounds and portable lighting, and offers to send you images showing how we set up the lights, and the before-and-after look of the lights on a sample deponent. SHOW NOTES ...

Nov 18, 202216 minEp. 109

Episode 108 - 32 Factors to Argue (For or Against) In Deposition Location Disputes

In this episode, Jim Garrity alerts you to a federal decision where the judge catalogued thirty-two factors that courts should consider in resolving disputes about where depositions should take place. It's an excellent decision to have in your arsenal. To this list, Garrity lists several more common location-related things to consider. SHOW NOTES: DeepGulf, Inc. v. Moszkowski, 330 F.R.D. 600 (N. D. Fla. Jan. 30, 2019) (listing 32 factors judges should consider when resolving disputes about where...

Oct 31, 20228 minEp. 108

Episode 107 - Do Your Non-Party Subpoenas List the Remote Location as “Zoom Video?” You May Have a Problem.

If you're like most litigators, you now regularly issue subpoenas that command the deponent to appear “Via Zoom Videoconference,” or something similar. In this episode, Jim Garrity explains why doing that - rather than listing a physical location for the deposition - may render your subpoena fatally defective and unenforceable. SHOW NOTES Order Denying Plaintiffs Motion to Compel General Dynamics’ Compliance with Subpoena, Fed. Ins. Co. v. Tungsten Heavy Powder & Parts, Inc., No. 21CV1197-W-...

Oct 20, 20225 minEp. 107

Episode 106 -A Killer Option for Choosing Potent 30(b)(6) Designees

In this episode, Jim Garrity offers up a clever idea for turning your skills in choosing 30(b)(6) designees into a deposition superpower. On the flip side, Garrity shares ideas on how to use this same principle to gain compliance from organizations that resist and delay your efforts to set corporate representative depositions. As always, the research on which this episode is based appears in the show notes below. Last point: Do you have 60 seconds to leave us a 5-star review, wherever you get yo...

Oct 14, 202211 minEp. 106

Episode 105 - Dealing with Deponents Who (For Now) Are Asserting a Fifth Amendment, Spousal, or Other Privilege

Today's we cover a fascinating topic: What to do when your party opponents assert a Fifth Amendment or similar privilege in their deposition? Unlike diamonds, privileges aren't necessarily forever. Your opponent can later drop, withdraw, or waive an assertion of privilege. And many litigants do, indeed, try to gain unfair advantage by eleventh-hour waivers, surprising adversaries with previously-shielded information. In this episode, Jim Garrity outlines the problem, and identifies six specific ...

Oct 03, 202217 minEp. 105

Episode 104 - What to Do About Incomplete Answers Caused by Interrupting Examiners?

In this episode, Jim Garrity addresses the problem caused by litigators who repeatedly interrupt your deponents’ answers, potentially resulting in a transcript full of half answers. It's a common and serious headache for defending lawyers, and you can only fix the problem one of two ways - either during the deposition, or through an errata sheet. Garrity explains the pluses and minuses of using an errata sheet to complete interrupted answers, and tells you what courts have to say about that appr...

Sep 19, 202222 minEp. 104

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.)

In this episode, Jim Garrity spotlights a 107-page ruling, issued just three days ago, that offers a sharp reminder about the consequences to deponents who claim memory failure and who then follow up, at summary judgment time, with affidavits or errata sheets containing fantastically-improved recollections of key details. Garrity also discusses another brand-new ruling, likewise issued three days ago, that makes the same point. As always, he offers practical tips and insights - here, to help you...

Sep 04, 202220 minEp. 103

Episode 102 - Lessons From The Front Lines: When Suspending Or Terminating A Deposition in Progress Due to Misconduct, Don’t Forget to Say This

There's definitely a right and a wrong way to terminate or suspend a deposition in progress on the grounds it is being conducted in bad faith, or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party. In this episode, Jim Garrity spotlights a new court ruling imposing sanctions against a party who failed to do it correctly. As always, Garrity offers you practical guidance, here about exactly how to suspend or terminate a deposition and seek court relief in a way t...

Aug 24, 202212 minEp. 102

Episode 101 -When Are Responses & Objections Due to Document Requests Embedded in a Notice of Deposition Duces Tecum? When Is the Actual Production Due?

In this episode, Jim Garrity talks about dealing with document requests included within a Notice of Deposition Duces Tecum, and how to determine (a) the due date for service of your responses and objections to those document requests, regardless of the actual upcoming deposition date, and (b) the due date for the actual production of responsive documents. As always, we genuinely appreciate your listenership. If you have a moment, would you please add a five-star rating wherever you get your podc...

Aug 14, 202218 minEp. 101

Episode 100 -Can You Limit the Duration of an Opponent’s Deposition Before It Even Starts? (Yes.)

In this episode, Jim Garrity explains how to seek an order limiting the duration of an upcoming deposition, including the rules you'll rely on and the arguments you'l make (for or against, depending). Occasionally, it's obvious that certain deponents - high-level officials, spouses, children, or privilege-bearing witnesses, to name just a few - have limited knowledge or involvement. If so, a deposition spanning a full day or more simply cannot serve a legitimate purpose. That's when it's time to...

Jul 31, 202217 minEp. 100

Episode 99 -Does FRCP 30’s 7-Hour Limit Include Cross? What if the Direct Used the Full Seven?

In this episode, Jim Garrity answers a frequent question he gets about Fed. R. Civ. P. 30's seven-hour time limit, namely, "The noticing lawyer questioned the witness for the full seven hours, so wasn't I still entitled to conduct my cross examination?" As always, he concludes the episode with excellent practice tips, here arguments to use when you need more time, and points to make when you're opposing such a request. Thanks for listening! SHOW NOTES: Tankersley v. MGM Resorts International and...

Jul 24, 202222 minEp. 99

Episode 98: "Have You Now Told Me Everything That Supports Your Claims/Defenses?"

In this episode, Jim Garrity explains the pitfalls in defending against – or in asking - the common wrap-up question “Have you now told me everything that supports your claims?” (or defenses, as applicable). A deponent who is unprepared for this question is likely to foreclose any opportunity to add additional information. On the other hand, a lawyer who asks this question at the very end of a deposition may open a Pandora's box that cannot be closed. Garrity addresses the situation, as always, ...

Jul 08, 202211 minEp. 98
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