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How to Prepare for a Hearing on Summary Judgment

A hearing on a motion for summary judgment or summary adjudication presents opportunities you don’t want to miss. Here’s how to prepare for the hearing whether the tentative ruling is in your favor or not, and when there’s no tentative ruling at all. Continue reading

What Expert Attorneys Do During Direct Examination

How the attorney and witness appear to the jury can be as important as the words that are spoken. Here are four tips from expert trial attorneys that will make your direct examination more effective regardless of what you ask the witness. Continue reading

How to Shorten or Extend Time for Your Motion

The timing on making motions is both a procedural and a tactical matter. Sometimes you’ll need a hearing date that’s sooner than would be normally possible, and other times you’ll want to file a notice of motion or get a hearing date that’s after the last date allowed. Here’s how to get the timing to work for you. Continue reading

How to Cross-Examine with Inconsistent Depo Testimony

A witness on the stand has made a statement that’s inconsistent with his or her earlier deposition testimony and has committed to the inconsistency. As the cross-examining attorney, how should you handle it? Continue reading

Do You Need an Expert Witness, and If So, What Type?

Retaining an expert witness is expensive and may not be necessary in every case. Don’t try to keep up with the Jones & Jones firm: Just because the other side has an expert or because experts have traditionally been used in similar cases doesn’t mean you need one. And if you decide you do need an expert, make sure it’s the best type for your case. Continue reading

4 Reasons to Get Help on a Fee Motion

Just because you successfully handled the merits of a case doesn’t mean that you should take on a large or complex fee motion that arises from it. It may be time to bring in someone with fee motion expertise. Continue reading

Can Opinion Come In Under the Business-Records Exception?

Here’s a common evidence question: Are opinions admissible when they’re in business records? The answer is generally “yes,” as long as the statement of opinion is in a writing that qualifies otherwise for the business-records exception to the hearsay rule. Continue reading

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