Timeouts or Half-Time Pep Talks: When and How to Consult About Your Deposition Game Plan Without Getting a Penalty

March 2022

By Megan Fulcher Bosak and Michaela L. Cloutier, as published in USLAW Magazine (Spring 2022)

In both football and depositions, taking a break can be a savvy way to change the pace of play when the game isn’t going your way, give players a chance to rest when they’re not at the top of their game, and adjust strategy once the opposing team has revealed their formation. But, while the rules on discovery conduct are identical in all federal jurisdictions and most states, judges don’t always call the same fouls. What constitutes a permissible break in a deposition differs from state to state, case to case, and even between different federal courts in the same circuit. 

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