PTAB / Board Discretion / Discovery
PTAB deposition rules permit conferring with a witness after cross-examination
The PTAB recently designated as precedential an order clarifying when counsel may confer with a witness during a deposition. The Testimony Guidelines state: Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination shall not: (a) consult or confer with the witness […]