10,000 Depositions Later Podcast

Jim Garrity
  • 5.0 (104)
  • Business
  • Updated Biweekly

From Jim Garrity, the country’s leading deposition expert, comes this podcast for hardcore litigators. The subject? Taking and defending depositions. Each episode is a one-topic, mini field guide, meant to educate and inform trial lawyers looking for world-class deposition strategies and tactics. Garrity includes a general discussion of the topic, specific insights and guidance, questions to ponder, and case citations to support his observations. They’re jam-packed with immediately useful advice and guidance. Garrity has appeared as lead trial counsel in more than two thousand federal and state civil cases. His personal deposition experience now far exceeds the 10,000 mentioned in the title. (For business reasons, his publisher did not want him to update the title number.) He’s been up against the best litigators at hundreds of firms, from the nation’s largest to sole practitioners, and there’s literally no tactic, trick, variation or strategy he hasn’t seen hundreds of times. Indeed, one federal judge, commenting in open court, observed that Garrity “has pulled multiple rabbits out of multiple hats,” meaning he wins cases against inconceivable odds. How? Because of his extraordinary deposition skills. Depositions are the decisive factor in nearly all settlements and trials. You cannot achieve excellent outcomes if you cannot prevail in depositions. Garrity is famous for his simple, keen observation: “Depositions are the new trial.”  Why? Because almost none of your witnesses will ever testify anywhere other than in a deposition. Yale University Professor Marc Galanter, in his law review article titled “The Disappearance of Civil Trials in the United States,” opened with this shocking statistic: “Since the 1930’s, the proportion of civil cases concluded at trial has declined from about 20% to below 2% in the federal courts and below 1% in state courts.” So depositions are in fact the new trial. Except for a tiny fraction of your cases, the court reporter's office is the only place where your testimony will be taken and heard. And that is where your case will be won or lost. You can’t afford anything less than expert-level skill in the deposition arts. This podcast, based on Garrity's best-selling book,10,000 Deposition Later: The Premier Litigation Guide for Superior Deposition Practice (3d Ed., 450 pp.; Amazon, Barnes & Noble), is a litigator’s dream, not only revealing cutting-edge techniques and procedures, but telling you how to combine them creatively and successfully. Learn how to gain advantage at every step. Learn the path to victory and learn where the landmines are along that path. Discover the legitimate (and illegitimate) tactics opponents use that you’ve never seen before. The podcast is heavy on insights you can immediately implement. Regardless of your years of experience, the episodes will provide an astonishing advantage. And each episode contains citation to court decisions to support Garrity’s advice. His expert guidance begins with the moment you first conceive plans to capture testimony – whether by deposition, affidavit or EUO (and he’ll tell you how to figure out which to use and when). Most importantly, he explains what he does and why. No part of the deposition process will be overlooked – forming the battle plan, scheduling, dealing with reporters, taking depositions, defending them, prepping witnesses to make them invincible, handling every conceivable type of witness, making objections, dealing with obstructive lawyers, and tips pertinent to deposition transcripts, from the moment of receipt through trial. If you’re serious about developing killer deposition skill sets, subscribe to this podcast so that you receive each episode automatically in your feet as they are uploaded. 

  1. Episode 175: Lessons from the Front Lines: "We Outsourced It" - Countering the 30(b)(6) Ignorance Defense

    6d ago

    Episode 175: Lessons from the Front Lines: "We Outsourced It" - Countering the 30(b)(6) Ignorance Defense

    What to do when an organization resists your efforts to conduct a Fed. R. Civ. P. 30(b)(6) deposition by claiming it not only doesn't currently have information on the topics, but that it never had any? As Jim urges you to do in this episode, take the deposition and force the entity's designee to say it entirely lacks knowledge on the topics. Why? Because the absence of knowledge is itself a discoverable fact. And showing that an entity took no steps to become informed on critical matters can be powerful proof of indifference, negligence, or omission. Don't miss this one! SHOW NOTES: Order Overruling Defendant’s Objection To Magistrate Judge Vatti’s Order Dated February 5, 2026, LaBroad v. Costco Wholesale Corporation, et al., Case No. 3:24-cv-1102 (KAD), 2026 WL 1746249 (ruling that magistrate judge correctly determined “that the purported nonexistence of any materials regarding [defendant’s training on parking lot safety] is, itself, a relevant fact on which [Plaintiff] is entitled to develop evidence via Rule 30(b)(6)”) Hepco Data LLC v. Hepco Medical LLC, 2020 WL 1870320, No. 2D19-2134 (2d DCA April 15, 2020) (certiorari granted, quashing order blocking depositions, because petitioners established through filed proffer that depositions were relevant; held, “litigants would never be able to take a nonparty deposition if all the non-party had to do to get out of it is to say that he or she had nothing to say; representations of opponent that discovery isn’t relevant need not be relied on) John v. Core Brace, LLC 2021 WL 329460, No. 4:20-CV-00071-BLW (D. Idaho Jan. 29, 2021) (citing Apple. Inc., 282 F.R.D. at 263 for proposition that “A claimed lack of knowledge, by itself, is insufficient to preclude a deposition,” omitting additional citations) United States of America v. Newman, 2021 WL 1026019, No. 19-1868 (RJL) ( D. D. C. Mar. 17, 2021) (sarcastically noting government’s proposed stipulation that certain evidence had not moved from its location during relevant time was an unconvincing “attempt to stipulate itself out of [having to respond to] discovery”) Klorczyk v. Sears, Roebuck & Co., No. 3:13-CV-257 (HBF), 2015 WL 1600299, at *4-5 (D. Conn. Apr. 9, 2015) (holding that a "we-don't-know" response can be binding on the corporation at trial and prohibit it from offering evidence on those points; if a designee genuinely lacks knowledge, the designee must still be prepared to testify concerning the corporation's efforts to obtain the information and why it lacks sufficient knowledge) QBE Insurance Corp. v. Jorda Enterprises, Inc., 277 F.R.D. 676, 690 (S.D. Fla. 2012) (establishing that the lack of knowledge answer is itself an answer which will bind the corporation at trial; lack of knowledge is insufficient grounds to preclude a Rule 30(b)(6) deposition; “The conclusion that the corporation is bound at trial by a legitimate lack of knowledge response at the 30(b)(6) deposition is, for all practical purposes a variation on the rule and philosophy against trial by ambush. Calzaturficio, 201 F.R.D. at 38; Wilson, 228 F.R.D. at 531; Taylor, 166 F.R.D. at 363 (rule prevents “sandbagging” and prevents corporation from making a “half-hearted inquiry before the deposition but a thorough and vigorous one before the trial”).

    11 min

  2. Jun 17

    Episode 174 - Lessons From The Front Lines: In-Person Depos are the Default Again (And a Psychological Reason for Insisting On Them)

    In this episode, we feature a brand-new deposition-related ruling that continues to build on the post-COVID pandemic rulings holding that in-person depositions remain the default and that parties seeking to force a remote-video deposition must satisfy the formidable good-cause burden. It's a great decision for your research bank, as are the others we've provided in the show notes below. And here's a bulletin for you. As Jim explains here, research in the field of behavioral psychology shows us there's a powerful psychological reason for insisting that your deponent appear in person - and it isn't that you can personally gauge their demeanor. Don't miss this one! SHOW NOTES Groskreutz v. Agropur, Inc., No. 25-CV-1153, 2026 WL 1694341 (E.D. Wis. June 11, 2026) (in-person deposition required because of need for counsel to observe body language and because plaintiff failed to show good cause for remote video deposition) Eletson Holdings, Inc., et al. v. Levona Holdings, Ltd., and Apargo Limited, et al., Case No. 1:23-CV-07331-LJL (S.D.N.Y. July 16, 2025), CM/ECF Doc. 505 (order requiring in-person deposition) Simoni v. United Airlines, Inc., No. 1:21-CV-01267 (N. D. Ill. Aug. 25, 2023), CM/ECF Doc. 66 (order requiring in-person deposition) Crutchfield v. Experien Information Solutions, Inc., et al., Case No. 1:25-CV-05697 (N. D. Ill. October 16, 2025), CM/ECF Doc. 44 (order requiring in-person deposition) Fed. R. Civ. P. 30(b)(4) (“By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions) Fed. R. Civ. P. 26(c)(1)(b) and (c) (authorizing court to determine manner, time, and place of deposition or other discovery) Bond & Depaulo, Accuracy of Deception Judgments, Personality and Social Psychology Review, Vol 10, Issue 3 Aug. 2006, https://journals.sagepub.com/doi/10.1207/s15327957pspr1003_2

    17 min
  3. Episode 173 - Improper Preliminary Instructions or "Ground Rules"

    Jun 11

    Episode 173 - Improper Preliminary Instructions or "Ground Rules"

    Have you ever had a queasy feeling, as an examining lawyer is explaining the so-called ground rules for the deposition with your witness, that something about the instructions was amiss? But you weren't quite sure what to say - and didn't really know whether or how to object? Instructions like, "Can we agree that if you answer a question, it means you understood it?", and "Will you agree to limit your testimony to actual facts you personally know to be true, and not answer based on speculation or opinion?" can box your client in, cause them to omit important information, and do grave damage at later evidentiary hearings or trials. In this episode, Jim Garrity explains how these kinds of instructions may be improper and how to articulate your objections. It's a definite don't-miss.

    15 min
  4. Episode 172: Second-Order Knowledge Examinations

    May 8

    Episode 172: Second-Order Knowledge Examinations

    In this episode, Jim talks about the value of "second-order" examinations - asking deponents not only what they know, but what others know (and what others know that still others know, which is a form of third-order knowledge). It's an incredibly valuable tool for ensuring you fully understand the actors, documents, and events in your cases. Garrity explains why witnesses will talk more freely about what others know than about what they themselves know, and wraps up with practice tips for litigators who are either taking - or defending against - second-order knowledge examinations. As always, thanks for listening!

    16 min
  5. Episode 171: Examination Techniques, Part 4 - The Reid Technique

    Apr 24

    Episode 171: Examination Techniques, Part 4 - The Reid Technique

    In this final episode of our cross-examination series, Jim Garrity turns to the Reid Technique, the interrogation system developed in the 1940s for American law enforcement. Though the method has drawn serious criticism and been linked to false confessions, many of its individual components quietly appear in depositions, administrative hearings, and arbitrations every day, often deployed by lawyers who have never heard the name John Reid. We break the technique into three "movements" civil litigators will recognize: the non-accusatory, warm opening that triggers reciprocity; confrontation and theme development, where a sympathetic narrative conceals a damaging concession; and the compound question that forces a false binary. Along the way, we cover how to prepare witnesses to recognize tonal shifts, resist softened mischaracterizations, and reject false either/or options. Finally, Jim explains how taking attorneys can ethically deploy these tools themselves.

    14 min
  6. Episode 170 - Examination Techniques, Part 3: The Reptile Method

    Apr 9

    Episode 170 - Examination Techniques, Part 3: The Reptile Method

    In this third installment of our series on examination techniques, Jim Garrity dives into the so-called Reptile Method, developed by jury consultant David Ball and plaintiff’s attorney Don Keenan, and explained in their 2009 book Reptile: The 2009 Manual of the Plaintiff’s Revolution. It's long been a controversial approach because, some say, it's a disguised version of Golden Rule arguments that are generally forbidden in most jurisdictions. But whether you’re on the plaintiff side looking to deploy it or the defense side looking to neutralize it, you need to understand how the three-stage sequence works, and where it’s vulnerable. SHOW NOTES https://columbialawreview.org/content/shadow-tort-law-lessons-from-the-reptile/ (Columbia University law review article on "The Reptile" method) https://lewisbrisbois.com/insights/clientalerts/the-reptile-theory-in-practice (defense firm blog on the Reptile Theory) https://imslegal.com/articles/reptile-brain-strategy-why-use-it-how-counter-it (jury consulting firm article on the Reptile Method)

    20 min
  7. Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination

    Mar 31

    Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination

    In this second episode in a series on different cross-examination methods, Jim Garrity spotlights Irving Younger's famed Ten Commandments of Cross-Examination. It's one of the earliest formal systems for conducting an effective cross. As Jim explains, there isn't a single "best way" to question or cross-examine witnesses. The path to world-class examination styles is being aware of the different approaches, understanding them, experimenting with them, and even possibly combining elements from several to develop your own style.

    12 min
  8. Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique

    Mar 2

    Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique

    In this episode, and over the next few, Jim Garrity analyzes some of the better-known techniques or methods of conducting deposition cross-examinations. He begins with the Pozner-Dodd method, based on the book Cross-Examination: Science and Techniques, by Larry Pozner and Roger J. Dodd. As Jim explains, there isn't a single "best way" to question or cross-examine witnesses. The path to world-class examination styles is being aware of the different approaches, understanding them, experimenting with each, and even possibly combining elements from several to develop your own style. SHOW NOTES: Pozner, Larry and Dodd, Roger J., Cross-Examination: Science and Techniques, 3d. Ed. https://www.amazon.com/Cross-Examination-Science-Techniques-Larry-Pozner/dp/1632843919/ref=sr_1_4?crid=2OP2T6EBDBNI3&dib=eyJ2IjoiMSJ9.o49yLDTFRzsh1lO1WhQd4xBgkEuhYLH3obvuBC2GIdpGyzn1i0dg1lEzyMEYoFcB.NPgrs8W1727PEigEc3OXABbQt85juirYS59s5B12ids&dib_tag=se&keywords=pozner+dodd&qid=1772489570&sprefix=pozner+dod%2Caps%2C227&sr=8-4

    15 min
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5
out of 5
104 Ratings

About

From Jim Garrity, the country’s leading deposition expert, comes this podcast for hardcore litigators. The subject? Taking and defending depositions. Each episode is a one-topic, mini field guide, meant to educate and inform trial lawyers looking for world-class deposition strategies and tactics. Garrity includes a general discussion of the topic, specific insights and guidance, questions to ponder, and case citations to support his observations. They’re jam-packed with immediately useful advice and guidance. Garrity has appeared as lead trial counsel in more than two thousand federal and state civil cases. His personal deposition experience now far exceeds the 10,000 mentioned in the title. (For business reasons, his publisher did not want him to update the title number.) He’s been up against the best litigators at hundreds of firms, from the nation’s largest to sole practitioners, and there’s literally no tactic, trick, variation or strategy he hasn’t seen hundreds of times. Indeed, one federal judge, commenting in open court, observed that Garrity “has pulled multiple rabbits out of multiple hats,” meaning he wins cases against inconceivable odds. How? Because of his extraordinary deposition skills. Depositions are the decisive factor in nearly all settlements and trials. You cannot achieve excellent outcomes if you cannot prevail in depositions. Garrity is famous for his simple, keen observation: “Depositions are the new trial.”  Why? Because almost none of your witnesses will ever testify anywhere other than in a deposition. Yale University Professor Marc Galanter, in his law review article titled “The Disappearance of Civil Trials in the United States,” opened with this shocking statistic: “Since the 1930’s, the proportion of civil cases concluded at trial has declined from about 20% to below 2% in the federal courts and below 1% in state courts.” So depositions are in fact the new trial. Except for a tiny fraction of your cases, the court reporter's office is the only place where your testimony will be taken and heard. And that is where your case will be won or lost. You can’t afford anything less than expert-level skill in the deposition arts. This podcast, based on Garrity's best-selling book,10,000 Deposition Later: The Premier Litigation Guide for Superior Deposition Practice (3d Ed., 450 pp.; Amazon, Barnes & Noble), is a litigator’s dream, not only revealing cutting-edge techniques and procedures, but telling you how to combine them creatively and successfully. Learn how to gain advantage at every step. Learn the path to victory and learn where the landmines are along that path. Discover the legitimate (and illegitimate) tactics opponents use that you’ve never seen before. The podcast is heavy on insights you can immediately implement. Regardless of your years of experience, the episodes will provide an astonishing advantage. And each episode contains citation to court decisions to support Garrity’s advice. His expert guidance begins with the moment you first conceive plans to capture testimony – whether by deposition, affidavit or EUO (and he’ll tell you how to figure out which to use and when). Most importantly, he explains what he does and why. No part of the deposition process will be overlooked – forming the battle plan, scheduling, dealing with reporters, taking depositions, defending them, prepping witnesses to make them invincible, handling every conceivable type of witness, making objections, dealing with obstructive lawyers, and tips pertinent to deposition transcripts, from the moment of receipt through trial. If you’re serious about developing killer deposition skill sets, subscribe to this podcast so that you receive each episode automatically in your feet as they are uploaded. 

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