Section Newsletter Articles on Depositions

Beware the errata sheet! By Kevin Lovellette and Summer Hallaj Government Lawyers, April 2015 A hypothetical scenario that illustrates the type of situation in which a government lawyer may find himself or herself when an opposing party seeks to retrospectively alter the substance of a witness’ original deposition testimony.
Deposition objections: Are you saying too much? Or too little? By Daniel Thies Federal Civil Practice, April 2015 A recent federal court decision from the Northern District of Iowa, Security Nat’l Bank of Sioux City v. Abbot Labs appears to criticize counsel both for saying too little, and also for saying too much. How are counsel to navigate this potential minefield?
Off the record: Guidelines for deposition breaks By JoAnna Pollock Federal Civil Practice, April 2015 Concerns about witness coaching and deposition break schedules have recently made their way to the courts.
Discovery depositions: A crash course By Angelica W. Wawrzynek Young Lawyers Division, December 2014 Inevitably someone higher in the food chain will ask you, the junior associate, to cover a deposition for them. If (when) this happens, do not panic. Here’s an overview that will keep you on track.
Practice tip By Lynne R. Ostfeld International and Immigration Law, December 2014 The author suggests that, when deposing a non-English speaker, working with an interpreter obtained through recommendations may be much more beneficial to your success than using someone obtained through an agency.
But, we were on a break… By Kevin Lovellette and Summer Hallaj Government Lawyers, June 2014 There are only a few cases from Seventh Circuit courts examining the issue of whether an attorney may speak to a deponent during a break in a deposition. The courts appear split on this issue.
Court upholds use of absent witness’ discovery deposition By Robert T. Park Civil Practice and Procedure, November 2013 In the recent decision of Calloway v. Bovis, the appellate court upheld jury awards totaling nearly $10 million dollars against a construction manager in a case arising from a trench collapse that killed a father and seriously injured his son
Taking video depositions of persons in other countries By Ruphene Sidifall International and Immigration Law, June 2013 Taking a deposition in a foreign country can be complicated, and in some cases it may even be illegal to take a deposition in another country if the person is not licensed or otherwise authorized to take evidence in that jurisdiction.
Deposition advocacy: A step too far? By David W. Inlander and Deborah Jo Soehlig Bench and Bar, May 2012 If a judge is presented with a request for the admission of a discovery deposition in which conduct occurred which would be prohibited at trial, such as taking a break while a question was pending, or lengthy breaks with counsel followed by variances in testimony, what is the judge to do?
Partial use of depositions: Illinois Supreme Court Rule 212(c) By John M. Stalmack Civil Practice and Procedure, March 2012 In essence, Illinois Supreme Court Rule 212(c) is a codification of the common law rule of completeness as it applies to depositions
Reducing treating physicians’ depositions fees By Gina Rossi Young Lawyers Division, February 2012 An overview of the case of Montes v. Mai, and a discussion of one route practitioners can take to challenge physicians' fees.
Making corrections to depositions under Illinois and federal law By Ryan J. Rodman Young Lawyers Division, December 2011 In Illinois the rule is fairly clear that deponents cannot make changes to depositions unless there are errors in reporting or transcription. In federal court, there is no uniform position as to the deponent’s ability to make corrections to the deposition, and you will want to consult the relevant circuit’s law before advising your client as to what he or she will be able to correct.
A primer on deposing a Rule 215 medical examiner By John L. Nisivaco Tort Law, October 2011 Preparation tips for deposing an expert witness.
The Rule 30(B)(6) witness deposition—A primer By Stanley N. Wasser Federal Civil Practice, September 2011 An helpful explanation of Federal Rule of Civil Procedure 30(b)(6).  
Admitting a party’s discovery deposition By Jeffrey A. Parness Bench and Bar, June 2011 The case of Berry v. American Standard, Inc., 382 Ill. App. 3d 895 (5th Dist. 2008) prompted the recent amendment to Rule 212(a)(5) allowing into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
Admitting a party’s discovery deposition By Jeffrey A. Parness Civil Practice and Procedure, March 2011 A recent amendment to the Illinois Supreme Court Rules allows into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
“Physician” nets reasonable rate of $66.95 per hour for deposition By Kimberly A. Davis Civil Practice and Procedure, April 2010 An Illinois appellate court recently declined to define a reasonableness formula for calculating a physician's deposition fee.
Using real-time transcription technology in depositions By Damian Capozzola Administrative Law, April 2010 Advances in technology have made it possible for the court reporter’s transcript to be displayed on counsel’s computer during a deposition with words being displayed as they are spoken, much like closed captioning on television.
Using real-time transcription technology in depositions By Damian Capozzola Corporate Law Departments, December 2009 In civil litigation, depositions serve a variety of ends, including assessing a witness’s personality, information gathering, authenticating documents or extracting admissions for motions practice, grilling a witness to enhance settlement value, and/or preparing for trial cross-examination.
Obtaining deposition testimony from witnesses abroad: A primer for Illinois lawyers By Timothy J. Chorvat and Jill M. Hutchison Civil Practice and Procedure, June 2009 In seeking discovery from non-parties who are located outside the United States, the greatest limitations an attorney is likely to face will be restrictions imposed by the jurisdiction in which the deponent is located.
Costs of taking evidence deposition of out-of-state physician properly awarded By John E. Thies Civil Practice and Procedure, April 2009 In Peltier v. Collins, a unanimous Second District panel held that the trial court properly awarded the costs of the court reporter and videographer incurred by plaintiffs in obtaining the evidence deposition of an out-of-state physician. 
BlackBerrys, depositions, and the Illinois Rules of Professional Conduct By David S. Schott Civil Practice and Procedure, May 2008 Even though the BlackBerry and similar devices can benefit the lawyer while he or she is out of the office, the use of such a device during a deposition can cause a lawyer to run afoul of the Illinois Rules of Professional Conduct.
Preparing your client for deposition By Matthew L. Willens Tort Law, May 2008 Preparing a client for deposition is arguably the most critical aspect of the discovery process in any type of civil litigation.
Depositions from a court reporter’s perspective By Andrea Trippi Else Family Law, August 2007 I have been a freelance court reporter for nine years, and in that time, many attorneys have asked some advice from me as to how to make a great record during a deposition and how to deal with court reporters generally.
Don’t get pushed around By Jamie L. Bas Young Lawyers Division, August 2007 First-year associates dream of the day that they can take their first deposition and obtain the shocking confessions that the partners of their firms seem to obtain without any effort.