10,000 Depositions Later Podcast
Jim Garrity
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About This Podcast
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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Recent Episodes
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…
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…
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…
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,…
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…
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…
Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans
In this episode, Jim Garrity - the leading expert in the country on deposition strategies and tactics - rolls out another spectacular deposition strategy you won't find anywhere else. It's the…
Episode 166 - Are You Audiorecording Your Depositions (Yet)?
In this episode, Jim Garrity urges you once again (see Episode 7, Audiotaping Your Depositions) to independently audiorecord your depositions. Apart from all the prior, excellent reasons he…
Episode 165: Stopping the "You Can Answer" Gatekeeping
A must-listen episode with actionable guidance for litigators and trial teams who want to keep depositions moving and the record clean. We break down the “you can answer” interjection: why it is…
Episode 164 - In-Person Depositions Are Making a Comeback
They're baaaaack! In-person depositions, that is. In this episode, Jim Garrity discusses two brand-new court rulings that reflect a growing trend among judges to enforce noticed in-person…
Episode 163: Lessons from the Front Lines - Pronoun Perils: In 30(b)(6) Depos, “I” is the Entity, Not the Deponent
When a 30(b)(6) representative is deposed, the testimony is that of the organization, not of the individual answering the questions. However, in the heat of battle, it can be challenging to remember…
Episode 162 - Your Mute Button is Career Insurance
In this episode, Jim Garrity uses a pending bar disciplinary proceeding against a Florida lawyer as a potent reminder of the consequences of failing to ensure that your conversations during breaks in…
Episode 161: Unfinished Testimony - Can You Use That Partial Transcript?
Today, Jim Garrity examines a critical issue in trial practice: whether an incomplete deposition—cut short when the deponent becomes unavailable—can be admitted at trial, particularly when the…
Episode 160 - Depo Case Roundup for the Week of August 25, 2025
This week’s roundup spotlights four brand-new deposition rulings from across the country. Two address when plaintiffs may appear remotely—what courts require, what constitutes good cause, and the…
Episode 159 - Lessons from the Front Lines: Budget-Friendly Depositions: Using a Videographer to Tape & Transcribe Depositions
Are deposition expenses busting your budget? In this episode, Jim Garrity spotlights a clever strategy conceived by a southern California litigator to sharply cut the costs of deposition transcripts.…
Episode 158 - Using Videotaped Deposition Clips in Openings and Closings
In this episode, Jim Garrity argues for more frequent videotaping of depositions, especially those of parties and witnesses likely to be unavailable at trial. The reason? Unlike live witnesses - who…
Episode 157: Lessons from the Front Lines -Pitfalls for Plaintiffs Who Want to Appear Remotely for Deposition
Now that the pandemic is fading from our memories, courts are showing a renewed willingness to order plaintiffs to appear in person for their depositions, even when a plaintiff has relocated to…
Episode 156 -Leveraging Device Demonstrations In Depositions: Lessons From The Uber Litigation
Traditionally, litigators seeking to understand an individual's or organization's devices - specifically, how they store, access, manage, and delete information - have either asked a deponent to…
Episode 155 - Deposition Case Roundup for the Week of May 12, 2025
Today’s episode showcases four new deposition-related rulings, including one that makes a compelling case for using Rule 31 depositions by written questions; a second that underscores the need to…
Episode 154 - Do You Know What AI Can Do For Your Deposition Practice?
If you haven't already deeply integrated AI into your deposition practice, buckle up! In this episode, Jim Garrity identifies five major use cases for AI when preparing to take or defend depositions.…
Frequently Asked Questions
10,000 Depositions Later Podcast has published 174 episodes since October 2020, covering topics in Business, Education.
10,000 Depositions Later Podcast is currently highly active with new episodes every 2 weeks. Average episode length is 15m.
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