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Civil Litigation Legal Ethics Legal Topics Practice of Law

Avoid Sanctions When Pushing the Legal Envelope

A court may sanction attorneys for engaging in meritless actions or tactics with the intent to harass or cause unnecessary delay. CCP §128.5. But what is meritless to one person may be a rational extension of the law to another. Luckily, there’s a safe harbor provision in the statute for that.

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Civil Litigation Criminal Law Evidence Legal Topics

What to Include in an Expert Retention Agreement

It’s always best to put your fee agreement with an expert into writing. Here are the most important provisions to include in an expert retention letter agreement.

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Civil Litigation Criminal Law Legal Topics Litigation Strategy Pretrial Matters

6 Sources to Use When Preparing Voir Dire Questions

As you work on your questions to ask the jurors during voir dire, consider these six sources for ideas.

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Civil Litigation Discovery Legal Topics

How Soon Can You Seek a Deposition?

Before you serve a deposition notice, make sure your timing complies with the statutes.

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Civil Litigation Discovery Legal Topics

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.

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Civil Litigation Discovery Legal Topics

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.

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Civil Litigation Legal Topics Public Law Tort Law

Timing for Presenting a Government Claim Is Critical

Before suing a public entity, a party generally must notify the government of its claim within a specified period of time. This is called “presenting” the claim. The rules around preparing and presenting a claim are strict and detailed. Here are some common questions with answers to help get your timing right.

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Civil Litigation Discovery Legal Topics

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.

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Civil Litigation Evidence Legal Topics Litigation Strategy Pretrial Matters

Need Another Expert? Here’s How to Augment Your Expert Designation

When you need another expert to support your client’s case or there’s a change in the general substance of a  previously designated expert, you’ll need to move to augment or amend your expert witness declaration.

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Checklists Civil Litigation Discovery Legal Topics

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.