Episode 90 - So What, Exactly is Impermissible "Coaching" During a Deposition?

In this episode, Jim Garrity explains what constitutes improper coaching during depositions, and offers a wide range of examples. As always, cases mentioned in the episode appear below in the show notes. Thanks for listening! And if you haven't checked out the book on which this podcast is based, you can find it on Amazon and just about everywhere else. Look for 10,000 Depositions Later: The Premier Litigation Guide for Superior Deposition Practice. Now in its third edition at 450 pages, in both print and electronic formats.

SHOW NOTES

In re Neurotin Antitrust Litigation, 2011 WL 253434, Case No. 02-1390(FSH) (D. N. J. Jan. 25, 2011) (frequently-cited case cataloging examples of improper deposition coaching)

Freidman v. Fayenson, 983 N.Y.S.2d 203 (Supreme Ct. N.Y. Dec. 4, 2013) (comments such as “if you understand the question you can answer,” and “If you recall,” are improper coaching)

Sokn v. Fieldcrest Community Unit School District, 2014 WL 201534 (U.S.D.C. Ill. Jan 17, 2014) (defense counsel improperly directed deponent to cut off answer, and then improperly objected when plaintiff’s counsel tried to get the witness to finish answer; held, it is clear defense counsel was trying to impede plaintiff's counsel from getting complete response from the witness, which is sanctionable misconduct)

Big Top USA, Inc. v. Wittern Group, 183 F.R.D. 331 (U.S.D.C. Mass. Nov. 20, 1998) (dismissing case as sanction for numerous discovery violations, and providing examples of improper coaching during deposition)

ADDED AFTER EPISODE AIRED:

In the Matter of Rosin, 212 N.Y.S. 3d 633 (N. Y. S. S. Ct., App. Div. June 11, 2024) (lawyer publicly reprimanded for coaching deponent during remote deposition)