One of many tactical decisions you need to make in litigation is when to serve requests for admission. Timing may be key to getting what you need. Continue reading
Whenever you have retained an expert witness to testify in your case—whether in deposition or at trial—you need to prepare yourself and the expert. Don’t just sit back and assume that the expert, who many have testified many times before, has it all worked out. You need to be up to speed on his or her testimony and to make sure the expert has enough information to be effective. Continue reading
Filed under: Civil Litigation, Discovery, Evidence, Litigation Strategy, Trial Strategy | Tagged: deposition, expert witness, pre-trial discovery, preparing expert witness, trial, trial preparation | Leave a comment »
In most cases you’ll need to notice at least one deposition. Here’s a handy overview for anyone new to California practice on what to include in your deposition notice and when to serve a subpoena along with it. Continue reading
The 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.
If 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
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
Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a trademark case have found out the hard way. Plus you have an ethical duty to competently handle e-discovery—including bringing technical consultants on board when needed. Continue reading