I often hear lawyers threatening to “call the judge” during a deposition, generally when there is a dispute among counsel over a question that has been asked. Has anyone ever actually done this? What exactly is the judge supposed to do, resolve the dispute over the phone?

likefunny
Posting as :
works at
You are currently posting as works at

Former federal clerk. Received many similar calls, which were almost always sent to the judge. Answer was almost was always answer the question and preserve any objections.

likesmart

I’ve only done it once. OC was being combative (literally screaming) and instructing an expert witness not to answer questions. Judge ruled over the phone, instructing him to answer. OC was sanctioned and put in jail for similar histrionics during a hearing a few months later. Very satisfying.

likefunny

Best practice is to mark it for a ruling and move on to the next question. If it’s important, call the judge if not let it go. At as long as u preserve your objection.

likefunny

Yeah, this happens.

likesmart

I think it happened once. The judge ruled, but was clearly unhappy to be doing so and made it clear we needed a much better reason to call back.

like

I’ve done it before and had it done, mainly NY state courts. The best ever was a court attorney that read the CPLR (our rules of Civ Pro) for depositions to us over the phone but then just continued reading the next section and then the next until my adversary just gave in, I think she would’ve kept reading until 5pm if one of us didn’t give up!

like

Also have done this in NY. All depends who you get: some judges will give you a ruling over the phone; others say preserve and follow up in writing. I haven’t had the pleasure of a court attorney reading the CPLR haha, but hey it’s effective in its own way!

like

Depends on the judge. Some are vehemently against ever getting sucked in and you call them at your peril (check part rules!) Others will listen to the dispute on speaker and then rule on the record. Once I had a judge call all the parties into a virtual hearing on MS Teams and had an instant hearing on the issue. So the tl;dr: depends on the judge and know going in to the EBT what they want.

like

Damn really? I’ve never had a judge rule.. usually the other side just keeps threatening “I am taking a break to call the judge” and comes back with tail tugged between their legs lol
Which jurisdiction(s) did you have judge ruled on the record

like

Exactly that. I have called a few times and the judge made a ruling on the phone

likefunny

I’ve only had this happen once and we did have to call the judge and she had a mini hearing on the phone with each of us presenting our respective positions and then her issuing a ruling moments later

like

I’ve only had OC threaten to call the judge. One pulled out their phone and acted like he had the judge on speed dial. I called his bluff and told them go ahead and make the call but refused to go off record. Most of the time we’ll either talk during a break and reach a compromise or understanding. Other times they just make their objection, move on, and ultimately forget about it.

like

Check your local rules but on defense you generally you cannot end a deposition for what you deem objectionable questions (there’s no “this deposition is over!” theatrics like you seen on tv), your remedy is to call the judge and get an evidentiary ruling

like

I was at a conference recently where a panel included in their materials a transcript of this happening. Including the part where the judge for the case wasn't available so the duty judge was put on the line and made a ruling.

Which was kind of a good way to see how this tactic is done. It was a privilege issue and the judge ruled on behalf of the party asserting privilege. The defendant wanted to know when the plaintiff first called their lawyer, and plaintiffs counsel went to the mat for it.

like

I’ve been in a depo where the attorneys have called the judge or the special master assigned to the case in the middle.

like

Hi from Florida … based on my experience with state judges, I feel like they would throw a FIT if counsel ever called them over a depo dispute. I’ve had OC threaten to do it, and really hoped they would so I could see how it all goes down lol but hasn’t happened, yet. But the way our courts/judges are set up here… I just don’t see a judge even entertaining the call (let alone the JA answering the call 😆)

like

I’ve seen it done.

like

Had it come up a few times with questions whose answers would arguably have waived attorney-client privilege. In my limited experience, the Judges didn't mind because they understand the significance of the fork in the road we were at in the deposition.

like

When I was a law clerk I would tell them Judge was busy and to figure it out lol. Most of these issues are BS and let the attorneys move on with it.

like

I was on a dep three months ago where Pl’s counsel called the judge who actually joined our Zoom dep session and made a ruling. He instructed the witness to drive 45 minutes to her workplace to retrieve a document she mentioned but hadn’t “brought” with her in response to the subpoena.

like

I’ve never personally called the judge, but in several where either co-defendants or the plaintiff called the judge (on other defendants, never me). It NEVER goes well. The judge is annoyed at the petty squabbling and basically tells everyone to act like adults and professionals.

Also had judges called over deposition time limits. These are more annoying because the calls are being made by seasoned attorneys who know full well what the judge’s answer is going to be and call anyway. It does nothing to help their case.

like

It will vary quite heavily on the individual judge involved. In federal court the judge is more likely to answer and make a ruling and have a good bit of scorn for whoever they think is more wrong. Some high volume state courts - forget it. Not even worth bothering and they’ll probably just tell you to work it out or file a motion later or maybe not even answer.

like

Related Posts

Do you ever send a compliment via the customer service email? I wanted to send one to Delta for a situation they went above and beyond. I thought it might help balance the complaints on my file

likefunny

Here’s a suck-the-air-out-of-the-room question: between federal, state and local taxes, HOW MUCH do you get taxed per pay period? Me: 38%

like

RFR- a family friend lives in Dallas with her husband and he just filed for divorce. She doesn’t have much financial means but looking for assistance (even if just to get advice with a one time fee). Anybody have recs?

like

Looking for advice on types of roles I should be searching in financial services. I am an expert communicator, both written and verbal (many publications, and pre-consulting/fs career in public speaking), and a great salesperson. Want to be able to keep writing and attending conferences, as well as have a sales component. I don't enjoy working with back office banking robots. I can play the part short term, but have bristled on longer term engagements with human potatoes. 8YOE, Series, & CAIA

like

Hi,

I have cleared hackerank coding challenge for Cisco, I have another 2 round of interview that is technical on Friday for the post of frontend engineer... How difficult this round will be, or what kind of questions I can expect (general or advanced),

like

I have second round of technical interview with Cisco. For Java developer 1-3 years. Kindly help me hints to prepare.

Have FAR this week to take and I’m so nervous! I’ve gone through all the materials in Becker. Still don’t feel ready 😫

has anyone else chosen to study and take the FAR first? i just started studying and wow!!! it's a lot to absorb

like

I have a total of 7.5 years of experience. I am currently working in a start up organisation since 2 years which got funded recently with 30M. I have been recently promoted with a good hike. Suddenly, with a month or two, I notice my manager acting cold with me during meetings and personal meetings. How do you deal with such situations? Focus on ur work? Ignore manager?Focus on WLB? Also, getting married in a months time

like

Hi all,
Please help me with the in-hand salary for this breakdown?

Post Photo
like

Hi Guys,

Please help me to understand my in hand salary as per below break-up....

Post Photo
like

In honor of the Legend...

Favorite Kobes?

I think I'ma go with All Star 6s

Post Photo
like

I am looking for a UiPath senior RPA developer role in Bangalore. I have total 7 years of experience in IT and 3 years of relevant as UiPath developer.

like

Guys,

I see there are many fishes looking for referrals , I'm new here and i cannot DM anyone, I'm currently working in a company, please send me your resume i will refer in a FP&A role.

Alongside your resume send your preferred location and date of birth.

Also i was going through some groups it says 11 likes are the eligibility for DM it seems if it's correct, please do that as well..

likesmart

I heard S&P Global recently fired so many people from Ahmedabad, Gujarat location.
Is it true?

like

How do you manage to be productive on a day that you’re feeling really depressed? My productivity sucks right now

likehelpful

What do you do to fight burnout? Got a raise yesterday and will get another in September, for dealing with a lot of stuff, but I can't shake the burnout.

like

I don’t know why but this made me LOL! 🤣😭

Post Photo
likefunny

Has anyone got internet reimbursement amount today?

like

Additional Posts in Litigation & Arbitration

How upset with my paralegal should I be? I blew a discovery response deadline. Thought they were due today but turns out they were due yesterday. Obviously I missed it and it’s my responsibility but it would’ve been nice to have a backstop. How should I address it?

like

What is your hours worked to hours billed ratio

like

What do you do when your enthusiasm runs dry?

like

Has anyone done the LLM program in international arbitration from Stockholm university? Or have any insights about it? Career prospects?
Thank you !

like

AITA. I was hired in 2019 by an individual to handle her wrongful termination case on an hourly fee basis. I usually work on contingency but this client made about 35k/yr and found a new job for less money right after she was fired. After paying around 17k in attorney’s fees she runs out of money and pays me 500 every few months but even that eventually stops. We end up winning a jury trial and appeal. My fees are more than the judgement. AITA for taking the full judgement to cover my fees?

like

What’s what’s your age and how much in savings do you have? Are you investing your savings in stocks or index funds? Any student loans?

like

Any FHA attorneys in south Florida? I believe i was denied an apartment because of my service animal.

like

What civil rule would you use as a def to file a third party complaint against a third-party def, but the claim is separate from the main claim and there’s no indemnification/contribution, etc?? NY law but more of a general question

like

I’m a current biglaw associate thinking of lateraling to Quinn Emanuel. Looking for a more dynamic and trial-focused litigation practice, but I’m a little put off by how poorly Quinn seems to invest in support (tech, paralegals, etc) and generally seems to nickel and dime its associates. Curious how these issues feel for Quinn associates on a day to day basis.

like

Anyone have insight on the Best staffing agencies in California/Bay Area?

like

International arbitration people: I understand that lawyers practicing in France usually specialize in ICC proceedings, Londoners in LCIA. Where are the lawyers usually arguing before the PCA generally located?

like

I have 9 months experience as an ID attorney and I absolutely hate my job. My goal was to get a year experience before applying to other firms. Is it worth it to stick it out 3 more months to leverage more experience for higher pay or should i start looking now? Will it look bad if i leave after 9 months? I would like to transition out of ID into something else.

like

Does anyone have experience working at Lewis Brisbois in the Bay Area, California? Looking for feedback re working environment and salary range for a 4th year associate.

like

A bit freaked out by my “generalist” approach to litigation so far. Almost two years in and couldn’t really say I’m that “good” in any one area.

Don’t really have my own clients, and I feel like in order for me to gain the confidence necessary to obtain them, I need to specialize in SOMETHING.

Million dollar question - any areas of litigation seen as being a good specialty to get into now/for the future?

like

I work at a small firm with not that many workable templates so I usually have to do everything from scratch like drafting motions, pleadings, and researching all potential counts every time. Do bigger firms have better and more templates that allow you to have to do less research?

like

How does someone transition from low-end ID (MVAs, slip & falls) to L&E without the experience? Anyone do this successfully?

like

Does the “salary should equal 1/3 of your collected billables” apply at a midsized firm that is strictly litigation? Mostly all insurance defense work. How about for a 3rd year associate?

likehelpful

Headhunters/Recruiters…
I was contacted out of the blue by a headhunter last week promising to do their best to place me in an AMLAW200 firm as a lateral. (4 years practicing, all litigation; looking to move to transactional).
I’ve never dealt with a headhunter before, and I’m taking everything they say with a grain of salt, so insight as to their effectiveness, reliability, and overall successful placements in or equivalent to the type of firms they have connections with is greatly appreciated.

like

Anyword on whether ny courts will be limiting jury trials? Nj has already issued an order.

like

Has anyone come up with a gracious way to tell existing or prior clients that you are too busy to take on more of their work? I am in a mid-sized law firm in Florida and drowning in work. I don't want to burn bridges but keep accepting more work from existing/prior clients because I feel like it's impossible to say no to a good existing/prior client.

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal