After a money judgment has been entered against him or her, what can a debtor (or debtor’s attorney) do?
Filed under: Civil Litigation, Legal Topics | Tagged: creditor, debtor, enforcing a judgment, judgment, judgment debtor, money judgment, setting aside a judgment | Leave a Comment »
Once you’ve considered the pros and cons of moving for summary judgment generally, you’re ready to get down to the specifics of your case and whether a summary judgment motion is the right move for you.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: pretrial motion practice, separate statement, summary adjudication, summary judgment | 1 Comment »
Given that California courts’ no longer consider summary judgment to be a “disfavored” procedure, you should always think about moving for summary judgment. But make sure to weigh the pros and cons before making your move. (more…)
Filed under: Legal Topics, Litigation Strategy, Civil Litigation, Pretrial Matters | Tagged: summary judgment, pretrial motion practice, summary adjudication, dispositive motions, separate statement | 1 Comment »
When you get a new case, you’ll be focused on legal theories and general procedural rules, but don’t forget that the practice of law is local and knowing about the court’s local rules and required forms is critical to your case going smoothly. (more…)
Filed under: Civil Litigation, Legal Topics, Practice of Law, Young Lawyers | Tagged: court rules, electronic filing, filing court documents, Judicial Council, local forms, local rules, practice of law | 1 Comment »
The content of an opening statement and closing argument is largely determined by the law and evidence. But don’t underestimate how much your presentation style is integral to the persuasion process. (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney style, closing argument, jury, opening statement, oral argument, trial | Leave a Comment »
If you’re suing a public entity or public employee (acting within the scope of employment) for money or damages, you must first file a timely administrative claim. But what do you do if you’re late in filing your claim? (more…)
Filed under: Civil Litigation, Legal Topics, Tort Law | Tagged: Government Claims Act, suit against public entity, Tort Claims Act | Leave a Comment »
Do know when seek severance of one or more issues in your case? (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: bifurcating case, bifurcating issues, pretrial motion, severance, severing issues, trial | Leave a Comment »
Before you hire an expert to be a witness in your case, be sure that he or she is going to qualify as an expert. The bar isn’t extremely high, but courts have put the kibosh on the testimony of many hired experts, and you definitely don’t want them to be yours! (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: expert witness, expert witness qualifications, experts, trial | 1 Comment »
Settlement negotiations rarely proceed in a smooth forward motion; in fact, most feel more like a ride in a bumper car with a jerky stop and start motion. A good negotiator learns to move past the inevitable impasses. (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Practice of Law, Settlement Negotiation | Tagged: impasse, mediation, negotiation, settlement | 1 Comment »
Looking for a change of venue? You’ll have to fall under one of four grounds if you want a move your civil trial to another county in California. (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: change of venue, pretrial motion practice, trial location, trial venue | 1 Comment »
