Discovery Archives - Gates Eisenhart Dawson

Law in the Age of COVID-19: Depose Your Own Witness to Preserve Their Testimony

If you were to ask most lawyers whether it is wise to depose your own witness, you'd likely get a response touting the following, conventional, but flawed, opinion: Never do a direct examination of your own witness at a deposition. Your witness is under your control, so you have the ability to fix any issues [...]

Dealing With “I Don’t Recall” In Written Discovery

Attorneys fret when receiving an "I don't recall" answer in deposition and try to ensure the witness cannot wiggle out of the response at trial. But what if you receive an "I don't recall" in a written discovery response? Knowing the California Civil Discovery Act will help you prevent the other side from revealing new [...]