Recent Posts

Delaware Court of Chancery Imposes Fees for Errant Deposition Conduct
Posted on 21 Aug 2015 by Francis G.X. Pileggi

The Delaware Court of Chancery recently imposed penalties on a non-Delaware attorney for behavior during a deposition that was not in compliance with the applicable Delaware deposition standards. The letter decision in the matter styled In Re: Shawe &... Read More

One Superior Court Judge Overruling Another?
Posted on 16 Oct 2014 by Mack Sperling

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion this past Thursday... Read More

A Valuable Point From the NC Business Court on Subpoenas Without Depositions
Posted on 25 Feb 2015 by Mack Sperling

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition? Maybe that question has never puzzled... Read More

Managing Agents Must Travel to Virginia for Depositions
Posted on 24 Jan 2011 by Lee Berlik

During discovery, an examining party has the power to compel the deposition of a corporate defendant's " managing agents ." If the plaintiff's lawyer designates an individual to testify who is not an officer, director, or managing agent... Read More

Business Court Rules On Multiple Discovery Issues, Including: Validity Of Subpoena, Deposing Opposing Counsel, And Need For A Motion For A Protective Order
Posted on 15 Aug 2012 by Mack Sperling

There haven't been a lot of opinions from the Business Court on Motions to Compel, but yesterday there were two, both from Judge Murphy. In the first, Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC... Read More