Heads Up on New FRCP Amendments

464956543Do you know about the amendments to the Federal Rules of Civil Procedure that will take effect on December 1, 2015? The amendments touch a variety of issues, but most significantly impact the scope of permissible discovery and the duty to preserve electronically stored information (and the sanctions for not doing so). Here are some of the noteworthy changes.

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21 Things to Tell Your Testifying Witness

witness_87617035Before your friendly witness is called to the stand, you should go over some general guidelines with him or her. This is particularly true of inexperienced witnesses, but it can’t hurt to review these admonitions even with someone who’s very experienced in giving trial testimony. You also might want to give them a hard copy to look over just before testifying. Continue reading

Expert Tip: Use Jury Instructions in Your Opening and Closing

78724287By the time you prepare your opening statement, you’ll know specifically what the legal theories of your case are and generally what the jury instructions will be. By the time of your closing argument, the instructions will have been settled. Make sure to plan your opening and closing with the jury instructions in mind. Continue reading

Enforcing a Judgment That’s Expired? You May Still Be in Luck

ThinkstockPhotos-483634286You can only enforce a judgment in the window between its effective date (with no stays in effect) and the date the judgment or renewal of the judgment expires. The key to getting more time is all in the expiration date. Continue reading

BYOD = BYOA (Aspirin)

ThinkstockPhotos-76800137The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.

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What To Do When Person Most Knowledgeable Doesn’t Work There Anymore

ThinkstockPhotos-460156617If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are no longer with the organization or if the organization serves so many customers that getting called into depo in every case would be onerous. Never fear: the first problem can be dealt with by preparing current employees to speak to the issue, and the second may be eliminated by the courts. Continue reading

Incoming! 5 Ways to Prepare for Discovery Requests

Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive.  Continue reading

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