4 Tips for Writing Better Briefs

Regardless of the subject matter and whether it’s a criminal or civil issue, these four tips will help you draft the strongest brief possible. Continue reading

How to Control a Deposition Without Being Controlling

The attorney taking the deposition usually controls the proceedings. But the best way to take advantage of this control is to hold onto it loosely. Continue reading

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. Continue reading

How to Avoid Disaster When Filed Pleadings Disappear

It’s rare for a filed pleading to go missing, but it happens. An original verified pleading or declaration in a time-sensitive matter is safely filed with the court, but at the hearing, the judge flips though the file and states, “I know this pleading was filed, and I looked at it yesterday, but I can’t find the original in the file and it’s necessary for me to proceed. I can continue the matter so you can provide a new pleading, or deny without prejudice. Counsel, what’s your preference?” What do you do? Continue reading

6 Grounds for Objecting to Requests for Admission

A party may respond to an individual request for admission (RFA) by objecting to all or part of it. CCP §2033.230. The right to object is waived if not stated in a timely response, so it’s important to consider objections carefully. Here are the most common objections to RFAs. Continue reading

Avoid Sanctions When Pushing the Legal Envelope

A court may sanction attorneys for engaging in meritless actions or tactics with the intent to harass or cause unnecessary delay. CCP §128.5. But what is meritless to one person may be a rational extension of the law to another. Luckily, there’s a safe harbor provision in the statute for that. Continue reading

What to Include in an Expert Retention Agreement

It’s always best to put your fee agreement with an expert into writing. Here are the most important provisions to include in an expert retention letter agreement. Continue reading

6 Sources to Use When Preparing Voir Dire Questions

As you work on your questions to ask the jurors during voir dire, consider these six sources for ideas. Continue reading

How Soon Can You Seek a Deposition?

Before you serve a deposition notice, make sure your timing complies with the statutes. Continue reading

Should You Amend Your Interrogatory Responses?

It’s not required that a party amend interrogatory responses to reflect information the party got after responding, but there are situations in which a party may want to do just that. Continue reading