Checklist for Summary Judgment Reply Brief

ThinkstockPhotos-459334539You moved for summary judgment, received the opposition papers, and now it’s your turn to reply. The reply brief gives you a chance to respond to arguments raised by the opposition. Who knows? The opposition may have misconstrued legal authority, relied on inadmissible evidence, emphasized immaterial facts, or failed to follow the correct procedure. Before you start on your reply, review this checklist. Continue reading

How Can Someone Be Deposed Twice in the Same Case?

ThinkstockPhotos-501707257Generally, you can’t compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule. Continue reading

Size Up Your Adversary

ThinkstockPhotos-494299501When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading

4 Questions to Ask Before Moving for a Discovery Protective Order

153000711In California, civil discovery is “self-executing,” i.e., a party demanding discovery doesn’t need prior court approval, and the responding party may object instead of providing the requested information. An objection often ends the matter, but sometimes it doesn’t, and the party resisting discovery has to consider moving for a protective order. Continue reading

Should You Use Tactical Dismissals?

84215043As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action. But such tactical dismissals aren’t without risk. Here’s a list of questions to ask yourself when deciding whether or not to dismiss. Continue reading

5 Things to Do to Prepare for Voir Dire

78724287When next faced with preparing for jury voir dire examination before trial, consider these five practical suggestions. Continue reading

8 Things to Consider Before Opposing a Motion to Consolidate

532203529In response to a plaintiff’s motion for consolidation, the court can combine two or more separately filed lawsuits for simultaneous disposition. This promotes efficiency, but there are very big downsides for a defendant in a consolidated case. Here are 8 things defense counsel should consider when faced with a motion to consolidate.

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