Chart: Compare Summary Judgment to Other Motions

Apple to OrangeWhen 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. Continue reading

Say It Early and Often

78724287The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently. Continue reading

4 Tips for Finding the Right Interpreter

thinkstockphotos-498555620When a witness can’t understand or communicate in English, you need to get an interpreter. Evid C §752(a). It’s not as simple as just finding someone who speaks the same language as your witness. But getting the right interpreter is much easier if you follow these four tips. Continue reading

New Year, New Laws for Civil Litigators

thinkstockphotos-498422290Were you able to keep track of the new legislative changes that will affect California civil litigators? Don’t worry, we did and here’s an overview of some of the key statutory changes you need to know about. Continue reading

Service of Process via Twitter?

thinkstockphotos-500091191For a judgment to be entitled to full faith and credit, the defendant must be served in a way that’s reasonably calculated to give actual notice of the proceedings and an opportunity to be heard. Milliken v Meyer (1940) 311 US 457, 463. But how do you serve a defendant you can’t find? Personal service and service by mail are obviously off the table. You’re left with service by publication. Newspapers were the standard for this method, but Twitter and other social media platforms may be the modern version of the local paper. Continue reading

4 Tips to Get the Jury Excited About Your Expert

thinkstockphotos-537972277Don’t treat the qualification of your expert as a mere formality. The expert’s qualifications should convince jurors that they’re fortunate to have someone as qualified as the expert to assist them in deciding the case and that your expert is better qualified than the opposing one. Continue reading

Don’t Take a Defendant’s Case Until Considering These Factors

Woman in white is thinking. Pros and cons concept.Plaintiff’s counsel always needs to consider whether the cost of litigation to the client is likely to outweigh the gain. Defense counsel needs to do a similar analysis: Consider whether the pros of taking a defendant’s case are outweighed by the cons. Continue reading

%d bloggers like this: