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26 Sep, 2013

Use Of Original Deposition Testimony When There Has Been Substantive Change With Errata Sheet

2018-04-24T00:08:56-05:00September 26th, 2013|Deposition Preparation, Depositions, Expert Witnesses, Nebraska Litigation & Trial Advisor|

This post is authored by LDM lawyer Maria Lighthall. The sworn deposition testimony is taken, but then comes the Errata Sheet with both form and substantive changes that contradict prior testimony.  Are such changes in testimony admissible at trial?  The Majority rule says yes. Pursuant to the plain language of Neb. Ct. R. Disc. §6-330(e), changes to deposition testimony in form or substance are permitted so long as the changes [...]

12 Apr, 2012

Preventing and Handling Lost Confidential Records

2018-04-24T00:08:57-05:00April 12th, 2012|Deposition Preparation, Depositions, Nebraska Litigation & Trial Advisor, Witness Preparation|

Recently, it was reported that probation files in the custody of a probation officer were stolen (along with the officer’s car in which the files were left).  Those records were later recovered (along with the car).  Whether records or information is stolen, or simply lost, this is a reminder of a real risk that litigators face.  We frequently are traveling to and from depositions, meetings, hearings and the like.  We also frequently transport paper [...]

17 Nov, 2011

Depositions: Avoid Being a Defensive or Combative Witness

2018-04-24T00:08:58-05:00November 17th, 2011|Deposition Preparation, Depositions, In-House Counsel, Nebraska Litigation & Trial Advisor, Witness Preparation|

If you have followed this blog since it started earlier this fall you read our Friday Nebraska sports related posts. Yesterday, the ABA Journal posted its own sports related story. Author Debra Cassens Weiss reported on a deposition of former NBA superstar Allen Iverson. Apparently, AI was not very thrilled about the deposition or the lawyer taking it. The lawyer has apparently represented clients against Iverson in two prior cases. [...]