POPULARITY
Categories
Jason discusses some news of the day and also looks ahead to the Iowa Derby card and the Indiana Derby.
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 are generally called once in trial - videotaped testimony can be played two or more times. This technique utilizes one of the most effective tools of persuasion ever invented, repetition, borrowed straight from Madison Avenue, where repetition is everything. Clips played during the trial, during closing, and sometimes in opening by consent or court order, allow you to essentially present the same witness and testimony multiple times. This kind of repetition isn't possible with live witnesses, and is far superior to reading deposition transcripts to the jury. In a world where people are accustomed to getting their information through video, reading a transcript of testimony is likely to test your jurors' attention span (and patience). Garrity discusses a UCLA professor's "7-38-55 rule" to underscore the point. The gist of this rule is that when people communicate, only 7% of the message is conveyed through words, 38% through tone and voice, and a whopping 55% through body language. That's what makes the presentation of deposition testimony by video clips so powerful. Listen in!SHOW NOTESSmith, et al. v. City of Chicago, etc., Case No. 21-cv-1159, 2025 WL 1744919 (N. D. Ill. June 24, 2025) (denying use of video depo testimony in opening, but allowing it in closing argument that was admitted into evidence during trial, over objections by defendants that permitting video testimony during closing statements would be “unfairly prejudicial because it emphasizes testimony that is presented by video through repetition, and that opportunity does not exist for a live witness”)Hynix Semiconductor Inc. v. Rambus Inc., No. C-05-00334 RMW, 2008 WL 190990, at *1 (N.D. Cal. Jan. 21, 2008) (denying use of video depo testimony in opening, but would consider allowing reading from transcript; “If the parties wish to read a portion of a deposition transcript in their opening statement, they are to exchange any excerpt with opposing counsel sufficiently in advance of opening statements so that the court can rule on any dispute over use”)Doe v. City of San Diego, No. 12CV689-MMA (DHB), 2014 WL 11997809, at *6 (S.D. Cal. July 25, 2014) (collecting cases refusing to allow playing of videotaped deposition testimony during opening statements) (“See In re Ethicon, Inc., 2014 WL 505234, at *8 (S.D. W. Va. Feb. 5, 2014) (“[T]he use of video clips during opening statements is precluded as to all parties ....”) (quoting In re Bard, Inc., 2013 WL 3282926, at *8 (S.D. W. Va. June 27, 2013)); Carpenter v. Forest Meadows Owners Ass'n, 2011 WL 3207778, at *7 (“Video recordings of the deposition will not be permitted.”) (emphasis in original); Chopourian v. Catholic Healthcare W., No. 09–2972 KJM, 2011 WL 6396500, at *7 (E.D. Cal. Dec. 20, 2011) (denying the plaintiff's motion to use portions of videotaped depositions during opening statement); Hynix Semiconductor Inc. v. Rambus, Inc., 2008 WL 190990, at *1 (N.D. Cal. 2008) (“Neither side shall use any videotaped deposition testimony in its opening statement.”); but see Sadler v. Advanced Bionics, LLC, at *3 (W.D. Kent. April 1, 2013) (providing that the court “may” consider allowing the parties to utilize videotaped deposition testimony during opening statements); MBI Acquisition Partners, L.P. v. Chronicle Pub. Co., 2002 WL 32349903, at *2 (permitting party to play segments of video deposition in its opening statement))Beem v. Providence Health & Servs., No. 10-CV-0037-TOR, 2012 WL 13018728, at *2 (E.D. Wash. Apr. 19, 2012) (rejecting request to play videotaped deposition during opening, and rejecting argument by plaintiff that, under Fed. R. Civ. P. 32(a)(3), she may use the deposition of an adverse party “for any purpose,” stating that “What Plaintiff proposes to do, is to introduce evidence during opening statement. The Court will not allow the showing of video deposition excerpts during opening statement. The motion is denied.”)K.C. ex rel. Calaway v. Schucker, No. 02-2715-STA-CGC, 2013 WL 5972192, at *7 (W.D. Tenn. Nov. 8, 2013) (“there is no per se ban on the use of video excerpts of depositions in closing arguments”; also citing 88 C.J.S. Trial § 300 (2013) (“[T]here is no blanket prohibition against counsel playing selected portions of a videotaped deposition for a jury during closing argument, and trial courts have discretion to permit, or to refuse, the replaying of videotape segments in closing argument.”)MBI Acquisition Partners, L.P. v. Chron. Pub. Co., No. 01-C-0177-C, 2002 WL 32349903, at *1 (W.D. Wis. Oct. 2, 2002) (allowing use of video depo excerpt in opening, stating, without further discussion, that “Defendants may use excerpts from the video deposition of David Straden during opening argument. Counsel are to advise plaintiff's counsel promptly of the particular excerpts they intend to show”)Sadler v. Advanced Bionics, LLC, No. 3:11-CV-00450-TBR, 2013 WL 1340350, at *3 (W.D. Ky. Apr. 1, 2013) (preliminarily allowing use of videotaped deposition testimony in opening statements, saying If this testimony is otherwise admissible at trial and is not unnecessarily lengthy, the Court may consider allowing this procedure for both parties”)Northfield Ins. Co. v. Royal Surplus Lines Ins. Co., No. SACV 03-0492-JVS, 2003 WL 25948971, at *3 (C.D. Cal. July 7, 2003) (subject to further objection and ruling before trial, “The Court is generally of the view that a party in opening statement may use any piece of evidence which the party in good faith believes will be ultimately received at trial. Rule 32(a)(2) of the Federal Rules of Civil Procedure permits the use of a party deposition “for any purpose”) you like the shoes I wore in high schoolSmith v. I-Flow Corp., No. 09 C 3908, 2011 WL 12627557, at *4 (N.D. Ill. June 15, 2011) (“The Court denies I–Flow's request to bar use in opening statement of excerpts from video deposition testimony. The Court will expect plaintiffs to disclose by no later than noon on the Friday before the start of trial any such excerpts they intend to use in opening statements and will expect defendants to make reciprocal disclosures by no later than 5:00 p.m. on the Saturday before the start of trial.”)Fed. R. Civ. P. 32(a)(3) (providing that "An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee...") (emphasis added)
Jason discusses the passing of trainers D. Wayne Lukas and Bonnie Jenne. Then we welcome in Payton Boersma from Flying Dutchmen Breeding and Racing to talk Owen Almighty, their family business, and much more!
Jason discusses some of the news of the day including Mountaineer staple Mark Patterson leaving the Mountain. He also looks ahead to the July 4th races at Saratoga, including the Suburban and Belmont Derby.
Jason discusses the big Saturday card from Churchill Downs including the Stephen Foster win for Mindframe, Thorpedo Anna, and much more!
Jason welcomes in Kellie Reilly for the International Radar segment and then looks ahead to the undercard stakes at Churchill Downs for Saturday.
Jason looks ahead to the Stephen Foster at Churchill Downs on Saturday and welcomes in trainer Nolan Ramsey to talk about his career, his Grandfather's influence, and much more!
Jason discusses the retirement of trainer D. Wayne Lukas and then welcomes in Tony Calo to talk Churchill Downs racing, the upcoming Ellis Park meet, and more!
Jason looks back at the weekend of racing including the Ohio Derby card from Thistledown, the Chicago at Churchill, and some Monmouth action as well.
Jason welcomes in Kellie Reilly to chat Royal Ascot and then looks ahead to a big card at Thistledown on Saturday.
Scopri il misterioso mondo del Beemòt, una creatura affascinante che si intreccia fra mito e realtà! In questo video, esploreremo la sua origine ebraica e le varie interpretazioni da cui è circondato, dall'ippopotamo al “mostro” assiro. Con un tono calmo e autoritario, il nostro narratore ti guiderà attraverso le antiche scritture, rivelando come il Beemòt è descritto nella Bibbia. Scoprirai la potenza di questo mammifero anfibio, le sue caratteristiche uniche e la sua storia affascinante. Un viaggio visivo arricchito da immagini storiche e musiche suggestive ti attende. Hai il coraggio di affrontare questa leggenda? Non dimenticare di mettere "mi piace" e condividere il video!
Jason catches up on the news of the day and welcomes in owner Ryan Metzger of Counter Point Thoroughbreds to talk about being an owner, entry into ownership, living in Saratoga, and much more!
Jason is joined by professional bettor Dennis Montoro to talk about betting for a living, betting related content, race selection, and much more!
Jason looks back at the weekend of racing including a big Saturday at Delaware, and racing action from Monmouth and Churchill Downs.
Jason looks ahead to weekend racing from Delaware Park and Monmouth Park. We also are joined by TwinSpires' own Kellie Reilly for the weekly International Radar segment!
Jason catches up on some of the news of the day in racing and welcomes in long time trainer Gregory Sacco to talk about his career training, his good sprinter Crazy Mason, working with his son Will, and much more!
Jason opens the show discussing some racetrack social media topics. Then we welcome in Monmouth Park analyst Crystal Conning to talk Monmouth, riding races again, and much more!
Jason looks back at the Belmont Stakes card at Saratoga including the race, the conditions of the day, and much more!
Jason discusses the Belmont day Late Pick 5 sequence, talks some stakes races for the weekend, and Kellie Reilly joins us for International radar to talk Epsom Derby and Oaks.
Jason discusses some of the races from Belmont Stakes day and then welcomes in aspiring track announcer Liam Molinaro to talk about his upcoming weekend calling at Gulfstream, growing up in a racing family, and more!
Jason discusses the Belmont Stakes draw and welcomes in NYRA morning line maker and handicapper David Aragona to the show to talk all things Belmont Stakes week.
Jason discusses his trip to Gulfstream Park as well as racing from Churchill Downs on Stephen Foster Preview day!
Jason discusses some news from the racing world and looks ahead to a huge Saturday card at Churchill Downs.
Jason opens the show discussing Friday night's races from Penn National. Then we welcome in Prairie Meadows' racing secretary Eric DeCoster to talk Prairie racing, his journey in racing, and much more.
Jason discusses some news from the holiday weekend including the passing of trainer Christophe Clement and much more.
Jason discusses some new industry promotions and welcomes in Kellie Reilly for the weekly International Radar segment. Then he looks ahead to racing from Churchill Downs and Santa Anita for the holiday weekend.
Jason welcomes in Aron Wellman from Eclipse Thoroughbred Partners to talk about their Preakness win with Journalism, the horse's career, the upcoming Belmont, and more!
Jason opens the show remembering owner and horseplayer Joe Tartaglia who passed away this past weekend. Then we welcome Angela Hermann to talk Canterbury Park upcoming season that opens Saturday.
Jason looks back at the wild Preakness won by Journalism and talks about the race, the rides, and much more!
Jason welcomes in Kellie Reilly for a look overseas in our weekly International Radar segment. Then Jason discusses some of the many stakes from the Preakness undercard.
Jason welcomes in Doug Bredar to the show to talk about his 3rd place finish in the Kentucky Derby Betting Challenge, his time as a racing secretary and jockey agent, and much more!
Jason is joined by long time racing journalist Jeremy Balan to talk about this year's Preakness Stakes, all the contenders, and Jeremy's memories of Pimlico.
Jamie is joined by the 2002 PGA Championship winner Rich Beem and three-time major champion Padraig Harrington this week to preview the PGA Championship at Quail Hollow.They discuss whether anyone will be able to stop Rory McIlroy on a course he loves and pick out some of the other contenders.Plus, they chat about emotional performances by Ryan Fox and Chris Wood and a second PGA Tour win of the season for Sepp Straka.Listen to every episode of the Sky Sports Golf Podcast here: skysports.com/sky-sports-golf-podcastYou can listen to the Sky Sports Golf Podcast on your smart speaker by saying "ask Global Player to play Sky Sports Golf Podcast".Watch every episode of the Sky Sports Golf Podcast on YouTube here: Sky Sports Golf Podcast on YouTubeFor all the latest golf news, head to skysports.com/golfFor advertising opportunities email: skysportspodcasts@sky.uk
Jason catches up on the news from the weekend and recaps racing from Churchill, Belmont at the Big A, and Monmouth Park.
Jason opens the show with a 'horseplayer meditation' to calm us from a stressful week. We welcome in Kellie Reilly for the International Radar segment and also look ahead to racing from Churchill Downs and Belmont at the Big A.
Jason opens the show discussing Sovereignty not going to the Preakness. Then we welcome in the voice of the Preakness Dave Rodman to talk about the race, calling at Pimlico, Smarty Jones, and much more!
We look back at the Kentucky Oaks day card as well as the undercard from Kentucky Derby as we wrap up our Kentucky Derby coverage.
Jason looks back at the Kentucky Derby and discusses the race, the odds, the trips, and much more in our Kentucky Derby recap show.
Jason discusses the Kentucky Derby and shares some final thoughts on the undercard and the event itself. Kellie Reilly joins us for the International Radar segment to discuss Luxor Cafe and Admire Daytona's chances on Saturday.
Jason welcomes in TwinSpires' own Darin Zoccali to join him to preview all the contenders in this year's Kentucky Derby.
Jason is joined by Gulfstream Park announcer Pete Aiello to discuss this years Kentucky Oaks and all the contenders.
Jason discusses some racing from this past weekend and also talks Kentucky Derby and Oaks draws, morning lines, and much more!
Jason is joined by TwinSpires' own Kellie Reilly for this week's International Radar segment. Then we welcome in Joe Kristufek from Churchill Downs to talk Kentucky Derby and Oaks.
Jason discusses the reaction to the recently released Netflix series about horse racing and discusses some betting topics for horseplayers.
We welcome in Brian Arrigoni from Horseshoe Indianapolis to talk about their season getting underway, handicapping and betting the races there, and much more!
Jason looks back at the weekend of racing including some stakes action from Keeneland and the Oaklawn Handicap from Oaklawn Park.
Jason discusses some Derby news and is joined by TwinSpires' own Kellie Reilly for the International Radar. Then Jason talks Oaklawn and Keeneland weekend racing.
Jason welcomes in Hall of Fame jockey Mike Smith to talk about his early days in New Mexico, his amazing career, his recent Wood Memorial win, and more!
Jason welcomes in owner C.J. Johnsen from CJ Thoroughbreds to talk Keeneland, breeding and owning horses, and much more!
Jason looks back on the racing weekend including a controversial Jenny Wiley at Keeneland, the Lexington, as well as Thorpedo Anna's win in the Apple Blossom.