Ignorance Is Not Bliss: 'Sham Affidavit' In 9th Circ.

Law360, New York (October 29, 2012, 11:58 AM EDT) -- “I don’t recall ... I don’t recall ... I don’t recall.”

Any lawyer who has taken a deposition has no doubt had a witness answer a question or a series of questions this way. As the examiner, we expect to hear this phrase from time to time, though on occasion it becomes the bothersome stock response that never fails to draw our ire. We know opposing counsel has advised the witness never to speculate and to rely on his or her best recollection to formulate a...
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