Episode 164 - In-Person Depositions Are Making a Comeback
About this episode
Jim Garrity discusses the resurgence of in-person depositions and recent court rulings favoring them over remote options.
They're baaaaack! In-person depositions, that is. In this episode, Jim Garrity discusses two brand-new court rulings that reflect a growing trend among judges to enforce noticed in-person depositions of parties and key witnesses. It's a subtle but striking shift away from remote depositions, which took root during the COVID pandemic. Jim discusses the rulings in detail, as well as an interesting observation by an Illinois federal judge about the behavioral psychology that favors face-to-face confrontations. Finally, Jim offers practical guidance on arguments to make for and against remote depositions in your cases, including the two most powerful arguments to make when seeking an order requiring a deponent to appear in person. SHOW NOTES James, et al. v. Thomas, Case No. 1:24-CV-00061-RGJ-LLK, 2025 WL 2945597 (W. D. Ky. Oct. 17, 2025) (denying motion for protective order sought by three plaintiffs - who reside in New York, New Jersey, and Florida - to avoid traveling to Kentucky for their depositions) Crutchfield v. Experience Information Solutions, Inc., et al., Case No. 25-CV-5697, 2025 WL 293-8760 (N. D. Ill. Oct. 16, 2025) (denying motion for protective order, filed by…
More episodes of 10,000 Depositions Later Podcast
- Episode 171: Examination Techniques, Part 4 - The Reid Technique
- Episode 170 - Examination Techniques, Part 3: The Reptile Method
- Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination
- Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique
- Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans
- Episode 166 - Are You Audiorecording Your Depositions (Yet)?
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