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Category: Discovery

DEPOSTION OF TREATING DOCTOR WHO REFUSED TO MEET WITH PATIENT’S ATTORNEY

DEPOSTION OF TREATING DOCTOR WHO REFUSED TO MEET WITH PATIENT’S ATTORNEY

Have you had the experience of your client’s physician refusing to meet with you or discuss your client’s medical treatment? While it doesn’t happen frequently, in my experience, it has happened. Your choice is to schedule a deposition of your own client’s treating doctor if you want information. It also presents an issue of what to do at trial when you have to subpoena the reluctant doctor to testify. It will be obvious this is not a friendly witness, What…

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FIVE BASIC CONSIDERATIONS REGARDING TELECONFERENCING DEPOSITIONS

FIVE BASIC CONSIDERATIONS REGARDING TELECONFERENCING DEPOSITIONS

The coronavirus situation has had a dramatic impact on the processing of damage cases. Requirements for social distancing and, in some states, requirements to shelter at home have brought the judicial process to a halt. In many jurisdictions’ trials have been stopped and courthouses virtually closed. However, there is a need for ongoing discovery procedures to preserve evidence in anticipation of when trials will resume. One possible solution involves remote teleconferencing meetings and teleconferencing depositions. Technology allows one to connect…

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PERPETUATION DEPOSITION OF DYING CLIENT

PERPETUATION DEPOSITION OF DYING CLIENT

In cases where the client may not survive to trial it may be necessary to perpetuate their testimony. How this is handled depends almost entirely on the circumstances involving the client and the general style  or approach of the lawyer. Having some limited experience with perpetuation depositions of dying clients in cases like  mesothelioma cases and like cases I have some ideas. The video setting is very important. The first issue is the camera position and what is being filmed….

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