<p>What to do when you reach out to schedule an opponent&#39;s expert witnesses for deposition, and are told that you&#39;ve got to pay the experts an outrageous hourly-rate or flat-rate fee (in advance) before they&#39;ll appear?  In this episode, Jim Garrity reviews an excellent November 18, 2020 court ruling on the issue, and offers tips for combating this discovery obstacle.</p>

Episode 17 - Can You Ask the Same Questions In Depositions That You Just Asked (And Got Answers To) In Interrogatories?

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&#39;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&#39;s best-selling book,10,000 Deposition Later: The Premier Litigation Guide for Superior Deposition Practice (3d Ed., 450 pp.; Amazon, Barnes &amp; 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. 