Publications

Section Newsletter Articles on Deposition Witnesses

Can you withdraw your consent to depose a witness? How can you cite a Commission decision as precedent at the appellate court level? By Peter Cortina and Megan Kivisto Workers' Compensation Law, April 2015 It is still not a good idea to cite Commission decisions to the appellate court. However, when faced with an argument that there is “no case law” on an issue when there actually is, you can present it in such a manner to show that, while you are certainly well aware that the unrelated Commission decision has no precedential effect at the appellate level, the Act dictates that it did have precedential effect before the Commission.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witness By R. Stephen Scott and Pamela E. Hart Federal Civil Practice, March 2013 There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witness By R. Stephen Scott and Pamela E. Hart Corporate Law Departments, February 2013 There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.