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Do You Need a Discovery Referee?

It’s not feasible to stop a deposition every time an attorney or witness becomes obstructive, run to court to have a judge or discovery commissioner resolve the issue, and then resume the deposition. If you anticipate such problems, using a discovery referee may be a solution. Continue reading

5 Areas for Questioning an Expert at Deposition

Regardless of an expert’s particular specialty, there are five areas that apply to the questioning of most expert witnesses at deposition. Continue reading

Oops! What to Do When Privileged Material Is Inadvertently Produced

In the rush of document production, it’s always possible that privileged material will be inadvertently produced to the opposing party. What happens then? Is the privilege lost? Continue reading

3 Reasons to Take an Out-of-State Deposition

You can take out-of-state depositions for use in pending California state court actions under CCP §2026.010(a), but why would you take the time and expense of doing so? Here are three situations in which it might be your only option. Continue reading

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

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