10,000 Depositions Later Podcast

Episode 152 - Deposition Case Roundup - March 20, 2025


Listen Later

Our roundup episodes summarize brand-new, deposition-related court rulings from around the country. We cover four new rulings in this episode on crucial issues:

  • You can successfully oppose even otherwise taxable deposition costs, when an adversary prevails, by making these fairness-based arguments
  • FRCP 30(b)(6) topic lists must be proportionate to the case, as a court ruled when refusing to evaluate a list of 503 topics
  • The rule of sequestration does not apply in federal civil cases and the majority of states, but you may succeed in getting a court to impose it if you can show one of these "plus" factors
  • In-person depositions are still a thing, and should not be treated as unusual or requiring an extraordinary showing


As always, thanks for listening! And remember - these episodes are always free and contain no advertising. What's the catch? Only that we'd ask you to leave us a 5-star rating wherever you download your podcasts. Those ratings are deeply motivating to, and deeply appreciated by, our research and production staff. And be sure to check out the book on which this podcast is based - 10,000 Depositions Later: The Premier Litigation Guide for Superior Deposition Practice. Now in its 4th edition at 625 pages, available on Amazon and almost everywhere books are sold.

SHOW NOTES

LUV N' CARE v. LINDSEY LAURAIN, ET AL, No. CV 3:16-00777, 2025 WL 622334, at *8 (W.D. La. Feb. 26, 2025) (while courts cannot award costs not explicitly identified in 28 U.S.C. § 1920, courts do have discretion to deny award of otherwise recoverable costs where fairness or other considerations dictate)

NATHEN W. BARTON, Plaintiff, v. REAL INNOVATION INC. et al., Defendant., No. 3:24-CV-05194-DGE, 2025 WL 606167, at *1 (W.D. Wash. Feb. 25, 2025) See 36-page notice (Case 3:24-cv-05194-DGE Document 51-1 Filed 01/14/25 Page 1 of 36 (contains 503 actual questions, not topics)

MARK WRIGHT-AHERN, Plaintiff, v. THE CITY OF CLERMONT, Defendant., No. 5:24-CV-173-MMH-PRL, 2025 WL 605059, at *2 (M.D. Fla. Feb. 25, 2025) (rule of sequestration does not apply to depositions, absent particularized showing of specific facts warranting the relief; the correct procedure for seeking to exclude a person from deposition is to seek a protective order); see also Order (from same case, awarding fees and explaining sequestration concept in depositions), CM/ECF Document No. 31, filed Jan. 31, 2025)

UNITED STATES OF AMERICA, Plaintiff, v. The M/Y Amadea, a Motor Yacht Bearing Int'l Mar. Org. No. 1012531, Defendant., No. 23 CIV. 9304 (DEH), 2025 WL 754124, at *1 (S.D.N.Y. Mar. 10, 2025) (ordering witness to travel overseas to United States for in-person deposition, finding that while remote depositions are the new normal, there remains nothing unusual about insisting that a key witness appear in person)

...more
View all episodesView all episodes
Download on the App Store

10,000 Depositions Later PodcastBy Jim Garrity

  • 5
  • 5
  • 5
  • 5
  • 5

5

98 ratings


More shows like 10,000 Depositions Later Podcast

View all
Freakonomics Radio by Freakonomics Radio + Stitcher

Freakonomics Radio

32,090 Listeners

Planet Money by NPR

Planet Money

30,660 Listeners

Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,567 Listeners

Real Time with Bill Maher by HBO Podcasts

Real Time with Bill Maher

16,372 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

461 Listeners

Making Sense with Sam Harris by Sam Harris

Making Sense with Sam Harris

26,387 Listeners

Pivot by New York Magazine

Pivot

9,483 Listeners

Up First from NPR by NPR

Up First from NPR

56,388 Listeners

Trial Lawyer Nation by Michael Cowen

Trial Lawyer Nation

186 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,749 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

16,072 Listeners

Elawvate: The Trial Lawyer Podcast by Benjamin Gideon & Rahul Ravipudi

Elawvate: The Trial Lawyer Podcast

48 Listeners

Divided Argument by Will Baude, Dan Epps

Divided Argument

737 Listeners

The Weekly Show with Jon Stewart by Comedy Central

The Weekly Show with Jon Stewart

10,791 Listeners

The Jefferson Fisher Podcast by Civility Media

The Jefferson Fisher Podcast

8,367 Listeners