How to Handle Abusive Deposition Tactics

lawyer stopping abusive behavior at a depositionConduct enough depositions and you’re bound to see abusive tactics by some opposing counsel. Here are five ways to effectively deal with the most common abuses attorneys experience during depositions. 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

4 Preliminary Questions for Every Deposition You Take

185496686Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Continue reading

Coordinate Your Discovery Methods

466206411Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods at the same evidence.  Continue reading

Do You Really Want the Depo on Video?

Video recording of depositions is very common and is clearly more effective in capturing  a witness’ demeanor than a written transcript. But there are also downsides to video recording a deposition and a serious expense involved. Don’t just jump to record — weigh the pros and cons in every case. Continue reading

5 Steps to Preparing an Expert Witness to Do Battle

What good will an expert witness do for your case if he or she is not adequately prepared? Not much. Having a prepared expert can make all the difference in your case, and it’s up to you to make sure your expert is fully prepared to do battle for your case. Continue reading

6 Steps to Take Before Traveling into the World of Foreign Discovery

In our ever-globalizing world, you’ll sometimes need to seek discovery evidence in foreign countries to use in a California civil case. Here are some practical steps to take before embarking on a journey for discovery in foreign lands.

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Discovery by the Numbers

When planning your discovery, you need to know all the key numbers, i.e., the numerical limitations on the various discovery methods. Here’s a handy overview so you will know how much is too much under California’s discovery statutes.

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Judicial Council Gives Due Process to Family Law Litigants with One Hand While Taking it Away with the Other

In the wake of the California Supreme Court’s landmark decision Elkins v Superior Court (2007) 41 C4th 1337, then Chief Justice Ron George created a task force to look into measures that could be undertaken to ease the burden on both overcrowded courts and the large number (approximately 70%) of unrepresented family law litigants. The drafters of the Elkins Family Law Task Force: Final Report and Recommendations, issued April 2010, expressed concern, among other things, over the drastic reduction of live testimony in family court, which they felt deprived family law litigants of due process. In 2010 the legislature introduce a package of new statutes designed to address the concerns of the Elkins Task force (Assembly Bill 939). The Judicial Council duly adopted a new rule, effective July 1, 2011, that relates to the new statutes, Cal Rules of Ct 5.119.

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