The Problem with “I Don’t Recall”

How many times have you heard that phrase during a deposition?  How many times has it frustrated you?  That phrase may be acceptable if it is the truth, but it comes with limits.  “Testimony of a witness that he does not remember whether a certain event took place does not contradict positive testimony that such event or conversation took place.”[1]  Applied to your case, if the opposing party simply does not recall much, then your client’s memory to the contrary may be sufficient for summary judgment.




[1] McClellan v. David, 84 Nev. 283, 288, 439 P.2d 673, 677 (1968).