| by Suzanne L. Smigliani, Esq.
California Code of Civil Procedure Section 2025.620(a) provides for any party to use a deposition to contradict or impeach the testimony of the deponent as a witness. When impeaching a witness with prior testimony consider the following:
| by Barry Harris Hinden, Esq.
There may be an opportunity for disability discrimination (employment lawyers), personal injury, and workers’ compensation attorneys to benefit through cooperation. Many workers’ compensation claims overlap with employment discrimination cases. Likewise, many workers’ compensation claims involve personal injury, products liability, premises liability, and/or construction site injury claims.
| by By Scott Bonesteel, Esq.
Depositions are a feature of the daily lives of those of us who claim to be ‘civil litigation attorneys’. For every lawsuit filed there is typically at least one deposition and perhaps hundreds taken. Of those lawsuits, statistics show that 95 percent or more settle without a trial. However, one of the most painful experiences is to find yourself at trial without the deposition testimony, either direct or in the form of potential impeachment, you need to support your client’s claim or defense.
| by Brian L. Burchett, Esq.
Taking expert depositions can be stressful, intimidating, and frustrating. But it doesn’t have to be. With the right planning and preparation, you can consistently accomplish your goals. So, what do you do?
First, determine your goals for the deposition. Are you looking for holes in the expert’s opinions? Are you trying to get helpful testimony? Are you probing for evidence of bias or inadequate qualifications? Do you want to try to exclude the expert from testifying to the opinions at all? All of the above? Well, not really. It does not make a lot of sense to establish that an opposing expert who can give helpful testimony is biased and unqualified.
| by Heather Duncan, Esq.
Taking the deposition of a child can be a daunting task. Below are some of the recommendations of the National Court Reporters Association regarding special steps that may be taken by both the attorney and the court reporter when dealing with the testimony of a “child of tender age.”
| by Heather Duncan, Esq.
WELCOME TO 2016!
A new year always brings new laws, especially in California. Assembly Bill 1197, amending the California Code of Civil Procedure Section 2025.220 went into effect on January 1, 2016.
Under the new bill, CCP Section 2025.220 addressing the legal requirements of California deposition notices was amended to require that written deposition notices contain the following:
| by Heather Duncan, Esq.
The following is a quick review on the court reporter’s duty to remain neutral and impartial and the attorney’s duty to protect the attorney work product.
We all know that the California Business & Professions Code, California Code of Civil Procedure, and California Code of Regulations all require California court reporters to uphold the strictest standards of professional neutrality and impartiality.
| by Heather Duncan, Esq.
Hardly a day goes by without a question about the CCP rules governing payment for California deposition transcripts. Therefore, we thought it would be helpful to our readers to review the applicable rules.