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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Do’s and Don’ts for Expert Declarations in Support of Summary Judgment

The testimony of an expert in support of a motion for summary judgment or for summary adjudication of issues is usually presented through a declaration under penalty of perjury. CCP §2015.5. Here are five do’s and don’ts for these expert declarations.

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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Need More Time to Oppose a Summary Judgment Motion?

Once you receive a summary judgment motion filed against your client, you have about two months to file and serve your opposition papers. That sounds like plenty of time, but it may not be sufficient to marshal the evidence you need to oppose the motion. That’s when you need a continuance.

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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Checklist: Summary Judgment Motion Deadlines

Summary judgment and summary adjudication motions are the most difficult and time-consuming motions that can be filed with the court. Use this checklist to make sure that you meet the key deadlines.

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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

How to Prepare the Separate Statement for a Summary Judgment Motion

Every motion for summary judgment or summary adjudication must include “a separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed.” CCP §437c(b)(1). Here’s what to include in a separate statement and how to format it.

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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Should You Always Move for Summary Judgment and Summary Adjudication in the Alternative?

Motions for summary judgment and summary adjudication are frequently made in the alternative. Do you know why this is and when not to move alternatively?

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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

How to Prepare for a Hearing on Summary Judgment

A hearing on a motion for summary judgment or summary adjudication presents opportunities you don’t want to miss. Here’s how to prepare for the hearing whether the tentative ruling is in your favor or not, and when there’s no tentative ruling at all.

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Appeals/Post-Trial Matters Checklists Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Checklist: What to Do If Summary Judgment Is Denied

You moved for summary judgment but your motion was denied. Here’s a checklist of four things to ask yourself.

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Checklists Civil Litigation Legal Topics New Lawyers

Checklists for Documents Opposing a Summary Judgment Motion

The party opposing summary judgment has one objective: Convince the court that there’s at least one “triable issue of material fact.” CCP §437c(c). This objective should guide every aspect of the opposition’s separate statement and supporting memorandum. Cal Rules of Ct 3.1350(e). Here are checklists to help you meet all requirements and prepare these opposition […]

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Checklists Civil Litigation Legal Topics Litigation Strategy New Lawyers Pretrial Matters

Chart: Compare Summary Judgment to Other Motions

When considering whether to move for summary judgment or summary adjudication, always assess whether there are better procedures available for narrowing the issues or terminating the litigation. Keep the following chart handy to help you compare summary judgment and adjudication motions with alternative dispositive motions available under California law.

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Checklists Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Checklist: Moving for Summary Judgment

Moving for summary judgment or summary adjudication is a complicated process. You start by considering whether it’s even appropriate to make the motion. Then you review the strict timing requirements. After that comes an evaluation of the pleadings and evidence to support the motion. And then you have to prepare the moving papers. Finally, you […]