Take Depositions To The Next Level With High Tech.

13 Monday Apr 2015

Posted by Celia C. Elwell, RP in Clouds, Discovery, Dropbox, iPad, Legal Technology, Presentations, Tablets, Video Deposition

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Brian Focht, Deposition Exhibits, Depositions, iPad, Live Stream Video, Tablets, The Cyber Advocate, Video Depositions

4 High Tech Ways to Improve Your Depositions, by Brian Focht, The Cyber Advocate Blog

http://www.thecyberadvocate.com/2015/04/08/4-high-tech-ways-improve-depositions/

Last week I had the (good?) fortune to attend two depositions spanning three days in a construction defect case. We represent a fairly peripheral sub-contractor, so despite exceeding 20 total hours, I didn’t get the opportunity to ask a single question. However, we’re not so peripheral that I could completely space out.

Over the course of three days, which included the introduction of about 100 exhibits (I’m impressed at the plaintiff’s counsel’s restraint, except when you consider that many exhibits exceeded 250 pages each), I listened intently. Or as intently as possible.

Until the other part of my brain, the part that writes this blog, kicked in. I analyzed what I thought was an intelligent, if complicated, system put in place that uses Dropbox for sharing exhibits. But that was really it. No video, no digital exhibits, remote participants listening by phone. I couldn’t help but think that there had to be a better way than this. . . .

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Imaging A Hard Drive = Making A Copy And Within Plain Meaning Of Taxation Of Costs.

19 Thursday Mar 2015

Posted by Celia C. Elwell, RP in Attorney Fees and Costs, Depositions, Discovery, E-Discovery, Hard Drives, Taxation of Costs, Video Deposition

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Bow Tie Law Blog, E-Discovery, Hard Drives, Josh Gilliland, Taxation of Costs, Video Depositions

Stating Reality: Imaging a Hard Drive Makes a Copy, by Josh Gilliland, Esq., Bow Tie Law

https://bowtielaw.wordpress.com/2015/03/19/stating-reality-imaging-a-hard-drive-makes-a-copy/

Taxation of cost cases do not generally have happy endings for recovering eDiscovery costs. The United States Court of Appeals for the Sixth Circuit issued a very important opinion on March 17, 2015 well grounded in the reality of civil litigation and the law where eDiscovery costs were recovered.

It also takes a swing at Race Tires, which is always a welcome read.

The Court of Appeals held that the cost of video deposition synchronization and transcript were properly taxed. Colosi v. Jones Lang LaSalle Ams., Inc., 2015 U.S. App. LEXIS 4184, 2-3 (6th Cir. Ohio 2015). The Trial Court had determined the synchronized video deposition was ‘reasonably necessary’ and the opposing party never explained how the costs were either unreasonable or unnecessary. Id.

For anyone who has conducted deposition review, this is good news. I have spent many hours reviewing depositions and video depositions. ‘Reasonably necessary’ is an understatement. Synced video depos allow you to understand the context of the testimony. A simple question and answer in a transcript can look harmless, but if the video shows the deponent turning bright red, biting his lip, and answering the question with his teeth clinched, you know that testimony is important. . . .

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