10,000 Depositions Later Podcast

By Jim Garrity

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Episodes: 165

Description

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


Episode Date
Episode 164 - In-Person Depositions Are Making a Comeback
Nov 11, 2025
Episode 163: Lessons from the Front Lines - Pronoun Perils: In 30(b)(6) Depos, “I” is the Entity, Not the Deponent
Oct 08, 2025
Episode 162 - Your Mute Button is Career Insurance
Sep 27, 2025
Episode 161: Unfinished Testimony - Can You Use That Partial Transcript?
Sep 11, 2025
Episode 160 - Depo Case Roundup for the Week of August 25, 2025
Aug 23, 2025
Episode 159 - Lessons from the Front Lines: Budget-Friendly Depositions: Using a Videographer to Tape & Transcribe Depositions
Aug 06, 2025
Episode 158 - Using Videotaped Deposition Clips in Openings and Closings
Jul 02, 2025
Episode 157: Lessons from the Front Lines -Pitfalls for Plaintiffs Who Want to Appear Remotely for Deposition
Jun 23, 2025
Episode 156 -Leveraging Device Demonstrations In Depositions: Lessons From The Uber Litigation
May 23, 2025
Episode 155 - Deposition Case Roundup for the Week of May 12, 2025
May 14, 2025
Episode 154 - Do You Know What AI Can Do For Your Deposition Practice?
Apr 24, 2025
Episode 153 - Deposition Case Roundup for the Week of April 2025
Apr 12, 2025
Episode 152 - Deposition Case Roundup - March 20, 2025
Mar 19, 2025
Episode 151 - Lessons from the Front Lines: Using Deposition Transcripts From One Case as Affidavits in Others
Mar 04, 2025
Episode 150 -The Role of Lawyer-Deponent Proximity, and Signifiers of Authority, in Deponent Cooperation Or Resistance
Feb 11, 2025
Episode 149 - "Argumentative" Examinations: Speech Masquerading As Questions
Jan 31, 2025
Episode 148 - Revisiting the Problem of Examiners Who Interrupt Your Deponents' Answers
Jan 04, 2025
Episode 147 - Going Off the Record While The Deponent Reads Documents? Here’s Why You Shouldn’t.
Dec 20, 2024
Episode 146 - Thorny Hedges: Linguistic Qualifiers (I Think, I Feel, I Believe) That Weaken Testimony
Dec 02, 2024
Episode 145 - A Catchall Objection for Unusual Deposition Situations
Nov 15, 2024
Episode 144 - Narrative Objections Aren’t Necessarily “Speaking Objections” or Coaching
Nov 06, 2024
Episode 143 - Depo Case Digest for the week of July 29, 2024
Jul 31, 2024
Episode 142 - Deposition Protocol Stipulations
Jul 17, 2024
Episode 141 - Depo Case Digest for the Week of July 5, 2024
Jul 08, 2024
Episode 140 -Depo Case Digest: (1) OK to Make Pre-Depo Demand for 30(b)(6) Designee Names (2) Courts Favoring In-Person Depos Again (3) Checking Court Reporter Bills for Fleas and Ticks
Jun 22, 2024
Episode 139 - Unpeeling the Layers of the Deponent's Memory
Jun 08, 2024
Episode 138 - When Must a Party Produce Documents to Be Used By a 30(b)(6) Designee at Deposition (Or Reviewed Beforehand?)
May 15, 2024
Episode 137 - Deploying Multiple Lawyers to the Same Deposition? Follow These Tips to Secure Fee Awards for All
May 02, 2024
Episode 136 - Every Word Matters. See Them with Zoom's Live-Caption Feature.
Apr 24, 2024
Episode 135 - Lessons from the Front Lines: Don’t Forget Evidentiary Support When Seeking Protective Orders to Relieve Deponents of Travel for Depositions
Apr 22, 2024
Episode 134 - Deposition Interpreters Redux: Correcting Inaccurate Interpretations
Apr 10, 2024
Episode 133 - Who Pays the Initial Cost of a Deposition Interpreter?
Apr 05, 2024
Episode 132: Pre- or Post-Deposition? Deciding When To Seek A Protective Order For Objectionable 30(b)(6) Topics
Feb 01, 2024
Episode 131 -The Question to Ask after “Did You Take Any Medications That May Affect Your Testimony Today?"
Jan 04, 2024
Episode 130 - Choosing An "Actor" To Read Deposition Testimony in Evidentiary Hearings and Trials
Nov 24, 2023
Episode 129 -Lessons from the Front Lines: Can Multiple Lawyers Representing the Same Party Each Object During a Deposition?
Oct 15, 2023
Episode 128 - Convincing a Court that an EUO is Not a Deposition
Oct 05, 2023
Episode 127 -Handling Court Reporters Seeking to Videotape Your Remote Depositions For “Backup Purposes”
Sep 15, 2023
Episode 126 - The Increasingly Poor Odds of Forcing Even Parties to Travel for In-Person Depositions
Sep 02, 2023
Episode 125 - Handling An Opponents' Last-Minute Notice They're Videotaping Your Client's Deposition
Aug 25, 2023
Episode 124 -Can You Issue a 30(b)(6)-Style Trial Subpoena, Addressed Simply to “Corporate Representative with Knowledge On (Listed Topics)"?
Aug 08, 2023
Episode 123 - Lessons from the Front Lines: Free Transcripts Courtesy of Your Opponent? Maybe. Here's How.
Aug 02, 2023
Episode 122 - Lessons from the Front Lines: The Overuse of An Underused 30(b)(6) Technique Leads to Severe Sanctions
Jun 21, 2023
Episode 121 - A Review of CaseText's New AI-Powered Deposition Prep Software
May 20, 2023
Episode 120 - Must You Object to An Improper Objection?
May 17, 2023
Episode 119 -Lessons from the Front Lines: The (Very) Fine Line Between Reserving the Right to Read – And Waiving It
Apr 30, 2023
Episode 118 -The (Relatively) Low Bar for Limiting the Non-Judicial Use of Deposition Transcripts & Recordings
Apr 22, 2023
Episode 117 - Asked and Answered: How Many Times is Too Many?
Apr 12, 2023
Episode 116 - ChatGPT and Depositions
Mar 19, 2023
Episode 115 - Announcing Our 4th Edition Book Giveaway ($5,000 total value!)
Mar 09, 2023
Episode 114 - Opting NOT to Reword an Allegedly Ambiguous Question
Mar 04, 2023
Episode 113 - Instant Privilege Loss in Depositions
Feb 22, 2023
Episode 112 -Lessons From The Front Lines: Plaintiffs Fined $100,000 For Arranging Surreptitious Recording of Remote Live Depo Feed
Feb 16, 2023
Episode 111 -Lessons From The Front Lines: Another Reason To Choose Your 30(b)(6) Designees Carefully
Dec 30, 2022
Episode 110 - "Are You Calling Them A Liar?"
Dec 16, 2022
Episode 109 -Upping Your Background & Lighting Game in Videotaped Depositions of Your Clients
Nov 18, 2022
Episode 108 - 32 Factors to Argue (For or Against) In Deposition Location Disputes
Oct 31, 2022
Episode 107 - Do Your Non-Party Subpoenas List the Remote Location as “Zoom Video?” You May Have a Problem.
Oct 20, 2022
Episode 106 -A Killer Option for Choosing Potent 30(b)(6) Designees
Oct 14, 2022
Episode 105 - Dealing with Deponents Who (For Now) Are Asserting a Fifth Amendment, Spousal, or Other Privilege
Oct 03, 2022
Episode 104 - What to Do About Incomplete Answers Caused by Interrupting Examiners?
Sep 19, 2022
Episode 103 -Lessons From The Front Lines: What Will 317 “Don’t Knows,” and 196 “Don’t Remembers,” Earn Your Client? (Hint: It Involves Jurors.)
Sep 04, 2022
Episode 102 - Lessons From The Front Lines: When Suspending Or Terminating A Deposition in Progress Due to Misconduct, Don’t Forget to Say This
Aug 24, 2022
Episode 101 -When Are Responses & Objections Due to Document Requests Embedded in a Notice of Deposition Duces Tecum? When Is the Actual Production Due?
Aug 14, 2022
Episode 100 -Can You Limit the Duration of an Opponent’s Deposition Before It Even Starts? (Yes.)
Jul 31, 2022
Episode 99 -Does FRCP 30’s 7-Hour Limit Include Cross? What if the Direct Used the Full Seven?
Jul 24, 2022
Episode 98: "Have You Now Told Me Everything That Supports Your Claims/Defenses?"
Jul 08, 2022
Episode 97 - Using Designated-Representative Depos When You Can't Depose An Apex Witness
Jul 01, 2022
Episode 96 - Lessons from The Front Lines: Hit with A Dispositive Motion Before You've Taken All Your Depositions? Do This (Immediately)
Jun 23, 2022
Episode 95 - Handling Deponents With Severe Speech Impediments
Jun 17, 2022
Episode 94 -What Five Things Should Litigators Be Doing More Of In Their Deposition Practice?
Jun 05, 2022
Episode 93 -Is There A "Best Place" to Sit When Questioning Deponents or Witnesses?
May 30, 2022
Episode 92 - The Deponent is Taking Notes While Testifying. Can You Demand Them?
May 20, 2022
Episode 91 - Remote Video Deponents on Cellphones
May 02, 2022
Episode 90 - So What, Exactly is Impermissible "Coaching" During a Deposition?
Apr 25, 2022
Episode 89 -Lessons from the Front Lines: An Appellate Court’s Ominous Comment to Litigants Fighting Over a Transcript’s Accuracy
Apr 22, 2022
Episode 88 -How to Avoid Being Taxed Costs for Videotaping When Your Opponent Also Arranged for a Stenographic Transcript
Apr 10, 2022
Episode 87: Next-Day Certified Transcripts, Rough in an Hour, No Extra Charge: A Conversation with Dean Whalen, Chief Legal Officer of Readback Active Reporting.
Apr 06, 2022
Episode 86 - A St. Patrick's Day "Thank You" to 50 Lucky Listeners
Mar 17, 2022
Episode 85 - Can You Bluff Dishonest Deponents By Implying You Have Evidence that You Don't?
Mar 13, 2022
Episode 84 - Does the Rule of Sequestration Apply to Depositions?
Mar 04, 2022
Episode 83 - Lessons from the Front Lines: Alex Jones' Lawyer in the Sandy Hook Case Reprimanded for Deposition Conduct. (He Should Have Listened to Episode #49.)
Feb 22, 2022
Episode 82 - Testimonial Privileges: The Legislative Privilege
Feb 20, 2022
Episode 81 - How (and Why) to Ask Deponents About Prior Sworn Testimony
Feb 11, 2022
Episode 80 - Taking Depositions Before and After A Lawsuit
Feb 05, 2022
Episode 79: An Email Is Not a Notice of Taking Deposition (But It Could Be)
Jan 19, 2022
Episode 78: Lessons from the Front Lines: Why Google Couldn't Prevent the Apex Deposition of CEO Sundar Pichai
Jan 01, 2022
Episode 77 - Listener Questions About Depositions by Written Questions
Dec 21, 2021
Episode 76 - Demystifying Depositions by Written Questions
Dec 15, 2021
Episode 75 - Lessons From The Front Lines: Never Let Opponents Control the Timing & Sequence of Your Depositions
Dec 11, 2021
Episode 74 - Can You Read the Entirety of an Adverse Party’s Depositions at Trial, Even When the Deponents Are Available to Testify Live?
Nov 30, 2021
Episode 73 - Lessons from the Front Lines: Lawyer Suspended 91 Days for Allegedly Text-Coaching Remote Deponent
Nov 20, 2021
Episode 72 - Set Your Depositions Unilaterally After Asking for Dates…How Many Times?
Nov 19, 2021
Episode 71 - Lessons from the Front Lines: A Plaintiff Escapes Sanctions for Using Public Records Requests to Gather Information During a Discovery Stay
Nov 07, 2021
Episode 70 -Can Non-Record Lawyers Participate in the Depositions of their Non-Party Clients?
Oct 29, 2021
Episode 69 - So, What About Standing (a/k/a Continuing or Running) Objections?
Oct 21, 2021
Episode 68 -Objecting to the Use of Partial or Incomplete Documents in Depositions
Oct 15, 2021
Episode 67 - Do Deposition Subpoenas Expire?
Oct 05, 2021
Episode 66 - Something to Know About Our Show Notes: We're Constantly Adding to Them
Sep 30, 2021
Episode 65 -Who's Zoomin' Who? Identifying Your Remote Deponents' Off-Screen Cheat Sheets
Sep 28, 2021
Episode 64 - Proving "Unavailability" in Order to Use Depositions at Trial
Sep 25, 2021
Episode 63 -About That Pesky Notice Language (For Use in Discovery "And/Or At Trial")
Sep 17, 2021
Episode 62 -A Tool for Motivating Deponents to Reveal What They Know, Without Fearing Retaliation
Sep 11, 2021
Episode 61 - Lessons from the Front Lines: A Judge’s All-In-One Guide to the Right (and Wrong) Way to Make Deposition Objections
Sep 08, 2021
Episode 60 - Core Essentials: Preparing Your Clients for Deposition, Part 7
Sep 03, 2021
Episode 59 - Core Essentials: Preparing Your Clients for Deposition, Part 6
Aug 30, 2021
Episode 58 - Core Essentials: Preparing Your Clients for Deposition, Part 5
Aug 26, 2021
Episode 57 - Core Essentials: Preparing Your Clients for Deposition, Part 4
Aug 24, 2021
Episode 56 - Core Essentials: Preparing Your Clients for Deposition, Part 3 ( The Three Building Blocks of Client Preparation)
Aug 17, 2021
Episode 55: Lessons from the Front Lines: What Not to Do When an Entity Designates Just One 30(b)(6) Witness on A Large Number of Topics
Aug 13, 2021
Episode 54 - Remember the Errata!
Aug 03, 2021
Episode 53 - Core Essentials: Preparing Your Clients for Deposition, Part 2 (Helping Them Unlearn Misconceptions)
Jul 29, 2021
Episode 52 - Core Essentials: Preparing Your Clients for Deposition, Part 1 (The In-Depth Interview)
Jul 19, 2021
Episode 51 - Core Deposition Essentials
Jul 14, 2021
Episode 50 - Do You Have A Predictable "Deposition Profile?"
Jul 08, 2021
Episode 49 - A Listener Asks: What if The Examining Lawyer Asks My Witness to Pull Out Her Cellphone and Disclose Texts, Phone Numbers, or Messages?
Jul 01, 2021
Episode 48 - For Your Research Files: New Decision on Deposing Witnesses Even When the Adversary Swears They Know Nothing
Jun 25, 2021
Episode 47: A Listener Asks: Can An Entity Designate 29 Separate 30(b)(6) Witnesses for 30 Topics?
Jun 22, 2021
Episode 46 - Lessons from the Front Lines: What to Do When Your Opponent Notices Their Experts for Deposition Before You Do
Jun 17, 2021
Episode 45 - Objectionable Objections: When Defending Lawyers Claim THEY Don't Understand the Question
Jun 10, 2021
Episode 44 - Objectionable Objections: "If You Know"
Jun 04, 2021
Episode 43 - What to Do When Subpoenaed Non-Party Witnesses Fail to Appear for Deposition
May 26, 2021
Episode 42 - Lessons from the Front Lines - Carefully Choose the Documents You Use to Prepare Deponents
May 22, 2021
Episode 41 -Developing Deposition Testimony of Adverse Witnesses So You Can Lead Them During Your Case-In-Chief
May 12, 2021
Episode 40 - Lessons from the Front Lines: I Bet He Didn't Think His Speaking Objections Would be Played for THAT Audience.
May 03, 2021
Episode 39 -Do You Need 75, 100, or 150 Interrogatories? FRCP 30(b)(6) to the Rescue!
Apr 28, 2021
Episode 38 - Can More than One Lawyer for A Party Question the Deponent?
Apr 22, 2021
Episode 37 - Witnesses for Whom Your Examination Might Best Be Left for Trial
Apr 20, 2021
Episode 36 - Can an Entity Later Use Affidavits to Contradict the Testimony of Its 30(b)(6) Designee?
Apr 04, 2021
Episode 35 - Lessons from the Front Lines: Excellent Remote Deposition Protocols for Your Depositions
Apr 01, 2021
Episode 34 - Consider Delaying Production of True Impeachment Evidence Until After the Key Pertinent Witness Has Been Deposed
Mar 28, 2021
Episode 33 - Using Depositions on Written Questions as an Offensive Weapon to Stop the Harassment of Deponents
Mar 25, 2021
Episode 32 -Lessons from the Front Lines: Agreeing to the "Usual Stipulations" to Hold Objections Until Trial? You Still Have to Make THIS Critical Objection.
Mar 18, 2021
Episode 31 - Clearing Out the Testimonial Cobwebs at the Start of Your Depositions
Mar 04, 2021
Episode 30 - How to Sharply Reduce the Cost of Deposition Transcripts
Mar 02, 2021
Episode 29 - Lessons from the Front Lines: Are You Entitled to Depose a Witness Previously Deposed by Another Party?
Feb 15, 2021
Episode 28 - Preventing (Or Obtaining) A Second Deposition of A Party or Witness
Feb 03, 2021
Episode 27 - Is It Okay to Confer with Clients About Their Testimony During Deposition Breaks?
Jan 26, 2021
Episode 26 - Lessons from the Front Lines: Regret Terminating a Deposition? UN-terminate It Immediately.
Jan 18, 2021
Episode 25 - Can You Be Sued for Questions You Ask in Depositions?
Jan 15, 2021
Episode 24 - The Stunning Consequences of Setting "Short-Notice" Depositions
Jan 04, 2021
Episode 23 - Cross-Notice Jiu Jitsu: Using An Opponent's Cross-Notice Against It
Jan 04, 2021
Episode 22 - FRCP 29(a) Stipulations: A Way to Save Time, Money & Headaches
Dec 25, 2020
Episode 21 - Wizards and Codes: How to Precisely Track The Elapsed Examination Time During A Deposition
Dec 15, 2020
Episode 20 - Apex Depositions
Dec 13, 2020
Episode 19 - Lessons from the Front Lines: 922 Deposition Objections. (Then Sanctions Happened.)
Dec 03, 2020
Episode 18 - The New Change to FRCP 30(b)(6), Effective December 1, 2020
Dec 02, 2020
Episode 17 - Can You Ask the Same Questions In Depositions That You Just Asked (And Got Answers To) In Interrogatories?
Nov 30, 2020
Episode 16 - Contesting Excessive Expert Deposition Fees
Nov 23, 2020
Episode 15 - Remote Deposition Protocols for COVID and Beyond
Nov 18, 2020
Episode 14 - Lessons from the Front Lines: Asked and Answered Objections
Nov 13, 2020
Episode 13 - The Real Reason to Cross-Notice A Deposition
Nov 11, 2020
Episode 12 - What's the Right Way to Make Form Objections?
Nov 07, 2020
Episode 11 - Physical Demonstrations and Re-enactments in Depositions
Nov 05, 2020
Episode 10 - Errata Sheet Tips and Traps
Nov 02, 2020
Episode 9 - Dealing with Cross Beyond the Scope in Depositions
Oct 30, 2020
Episode 8 - Taking a Portable Printer to Depositions
Oct 30, 2020
Episode 7 - Audiotaping your Depositions
Oct 29, 2020
Episode 6 - Using FRE 612 to Obtain Documents Used by Deponents to Refresh Recollections
Oct 28, 2020
Episode 5 - "Legal Contention" Questions in Depositions
Oct 27, 2020
Episode 4 - What is the "Right" Style for Deposing Witnesses?
Oct 25, 2020
Episode 3 - "I Demand A Yes or No Answer"
Oct 23, 2020
Episode 2, Part 2 - Tools for Capturing Testimony
Oct 22, 2020
Episode 2, Part 1 - Tools for Capturing Testimony
Oct 21, 2020
Introduction and Welcome to the Podcast!
Oct 17, 2020