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This Is How Interrogatories and Depositions Compare

When deciding whether to use interrogatories or depositions in discovery, there are several things to compare. Continue reading

How to Handle Improper Coaching at Deposition

One of the common problems at deposition is improper coaching of the deponent by counsel. If you’re the examining attorney, there are three steps you can take to handle this situation. Continue reading

Do You Know When to Use a Subpoena?

A “subpoena” is a writ or an order that compels a witness to either show up and testify or produce something. CCP §1985(a). You can use a subpoena in discovery or in a civil trial or hearing. Here’s a look at which type of subpoena to use in common situations. Continue reading

Speeding Up E-Data Review

It’s impossible for counsel to look at every single document that’s part of a large-scale e-data review—doing so would be prohibitively costly and time-consuming. But it’s also unacceptable to blindly produce documents to the opposing party. You can safeguard clients without excessive expense by taking time at the beginning of the case to make some determinations about how to conduct the review. Try one of these four ways to speed up e-data review. Continue reading

5 Steps to Responding to a Deposition Notice

After receiving a deposition notice or subpoena, counsel should to take a careful look at the documents served and make decisions about how to proceed. To organize the process, follow these five steps. Continue reading

To Meet and Confer, You Need to Talk

If you have a “dispute concerning discovery,” the law requires that you try to resolve it informally by conferring with the opposing side. This meet-and-confer requirement can be met in person, by telephone, or by letter. But a letter or email alone generally won’t cut it; to really meet and confer, you need to talk to opposing counsel. Continue reading

Are Insurance Agreements Discoverable?

The existence of insurance is often key to a lawsuit and one of the first orders of business in discovery. There are statutory provisions allowing for discovery of the existence and contents of insurance agreements—as well as limits on it. Continue reading

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