Handling Deposition Exhibits

| by Heather Duncan, Esq.

The Court Reporters Board of California periodically publishes a variety of “Best Practices” as a way to provide guidance on situations not expressly set out in statute or regulation. Below are some helpful excerpts from the Board’s recommendations for handling deposition exhibits:

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CONFIDENTIAL DEPOSITION TRANSCRIPTS

| by Heather Duncan, Esq.

Generally, a deposition transcript and exhibits are part of the record of a case and may be disclosed accordingly. Absent a stipulation and protective order, testimony will automatically become part of the public record when the deposition transcript is lodged or filed with the court.  

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WELCOME TO 2017!

| by Heather Duncan, Esq.

California Governor Jerry Brown has signed thousands of bills into law since he took office. Many of them went into effect on January 1, 2017. One of these bills, Senate Bill 1007 (now California Code of Civil Procedure 1282.5) allows any party to an arbitration the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record.

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I Object!

| by Heather Duncan, Esq.

Handling objections during a deposition can be complicated. Some objections are waived unless made during the testimony. Others aren’t waived, even if you fail to make them. Below is a brief rundown on the California law.

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What's Different About a Workers’ Compensation Deposition?

| by Heather Duncan, Esq.

Depositions in workers’ compensation cases are slightly different from those in California state court or federal court civil cases. In a workers’ compensation case the Workers’ Compensation Appeals Board is the trial court and the case is governed by the California Labor Code.

California Labor Code section 5710 (a) provides:

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Using Deposition Testimony From an Unrelated Matter

| by Heather Duncan, Esq. and Suzanne Smigliani, Esq.

In last month’s post we outlined the Top Five Tips for Using Deposition Testimony to Impeach a Witness at Trial.  Below is our response to your questions on using deposition testimony from an unrelated action to impeach a witness.

First, a quick review on obtaining deposition testimony from a prior unrelated action...

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