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Total Articles: 3

Photographs at Depositions?

Depositions generally involve a series of questions and answers between the deponent and counsel. At times, however, counsel may want to use the deposition as an opportunity to have the witness demonstrate a task or record physical characteristics of a witness. Conveniently, nearly all attorneys now carry a camera in their pocket, in the form of their mobile device. When capturing images or video during depositions, counsel must be careful not to violate a right to privacy, or cast them in an offensive manner.

You Don't Have The Right to Remain Silent: The Middle District of Pennsylvania Reaffirms that Attorney-Client Communications During Depositions are NOT PRIVILEGED

In Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993), the United States District Court for the Eastern District of Pennsylvania issued its opinion regarding attorney-client communications during depositions which has since become “widely accepted among the Pennsylvania district courts.” Vnuk v. Berwick Hosp. Co., No. 14-CV-01432, 2016 WL 907714, at *1 (M.D. Pa. Mar. 2, 2016) (citations omitted). In Hall, the Court held that:

Depositions 101: Six Things You Need to Know About Depositions

If you are a manager or in Human Resources (or both!) long enough, it's almost inevitable that you will need to appear for a deposition. Although your attorney will meet with you to prepare for the deposition – more on that below – it can be helpful to have an idea of what to expect even before that meeting. This article gives you six key pieces of information about being deposed.