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

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

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

What Constitutes a Good Faith Meet-and-Confer Effort?

Before filing a motion to compel discovery responses, the parties must engage in a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP §2016.040. What constitutes a good faith meet-and-confer effort depends on a variety of factors. Continue reading

Keep This in Mind During Every Deposition

When taking or defending a deposition, always keep in mind that you’re making a record for the jury. Sometime later, perhaps years after the deposition took place, a jury may hear parts of the deposition and you want everything to be there and be clear. Continue reading

4 Key Documents in a Motion to Compel

A motion to compel must consist of at least four documents. Here’s a handy checklist to be sure that you’ve got all your motion papers set to go. Continue reading

New Year, New Laws for Civil Litigators

The California legislature has enacted new laws that may affect your litigation practice. Here are some of the key statutory changes you need to know about. Continue reading

Alert Your Client to These Depo Issues

When preparing your client for his or her deposition, devote particular attention to explaining the following objectionable areas of inquiry and substantive law on those areas. Continue reading

5 Areas to Cover When Deposing a Party

When taking the deposition of a party, make sure to cover these five areas. Continue reading