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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

Using Social Media to Research Prospective Jurors

Given the decreasing time attorneys have for conducting voir dire, it can be very useful to investigate jurors with publicly available background information. Simply running Google searches can reveal an enormous amount of information about a potential juror in a short amount of time. This public information often will come from social media sources. As Ben Hancock reported in his article for Law.com, “social media profiles can present a trove of data points for jury selection…[but] researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.”

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Checklists for Documents Opposing a Summary Judgment Motion

The party opposing summary judgment has one objective: Convince the court that there’s at least one “triable issue of material fact.” CCP §437c(c). This objective should guide every aspect of the opposition’s separate statement and supporting memorandum. Cal Rules of Ct 3.1350(e). Here are checklists to help you meet all requirements and prepare these opposition documents to their best effect. 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

Do You Have Time to Take a Judgment Enforcement Case?

Judgment enforcement actions have two major timing issues: they need to be handled immediately and may take a long time to complete. Before you decide to represent a judgment creditor in an enforcement case, consider whether you really have the time.

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Amending a Complaint to Name a Doe Defendant

Sometimes you believe that certain persons are liable to the plaintiff, but you don’t know and can’t readily learn their names. That’s when you include them in the complaint as “Doe defendants,” i.e., you fictitiously name them in the caption of the complaint and then allege ignorance of their true names in the body of the complaint. CCP §474. If you later learn the names of a Doe defendant, you’ll need to amend the complaint. Here are four things to know about amending a complaint to name a Doe defendant. 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

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