Depositions - Lamson Dugan & Murray LLP

26 Sep, 2013

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

Brian J. Brislen2018-04-24T00:08:56-05:00September 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

Brian J. Brislen2018-04-24T00:08:57-05:00April 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 [...]

23 Feb, 2012

Trial Lawyers (and Football Coaches) Need to Listen

Brian J. Brislen2018-04-24T00:08:57-05:00February 23rd, 2012|Cross Examination, Depositions, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial, Voir Dire, Witness Preparation|

In a post following my most recent jury trial I noted the importance of listening. As I stated, this may seem elementary but it is not. On Tuesday, Kyle recounted his recent experience serving as a guest judge at a client counseling competition. As his first point he also noted the importance of listening. Now, there is another endorsement for the importance of listening. Nebraska's very own Bo Pelini has engaged an outside consulting [...]

17 Jan, 2012

As A Trial Lawyer, Form Can Trump Substance

Kyle Wallor2018-04-24T00:12:18-05:00January 17th, 2012|Cross Examination, Depositions, Direct/Redirect Examination, Discovery, Nebraska Litigation & Trial Advisor, Trial|

As trial lawyers, events often move quickly and we make sure the substance of a particular position is made in order to protect the interests of our clients. Unfortunately, substance doesn't always win the day and there are times when form is extremely important. An example of this is the Nebraska Supreme Court's opinion in State v. Ford, 279 Neb. 453, 778 N.W.2d 473 (2010). During the course of this criminal trial, the [...]

17 Nov, 2011

Depositions: Avoid Being a Defensive or Combative Witness

Brian J. Brislen2018-04-24T00:08:58-05:00November 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. [...]