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Civil Litigation Discovery New Lawyers

6 Reasons to Use Interrogatories

ThinkstockPhotos-494315642Interrogatories are the discovery workhorse, with at least six major strengths. Consider the following benefits of propounding interrogatories as you plan discovery for your case.

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Civil Litigation Discovery Legal Topics

Tips for Dealing with a Difficult Deponent

200397990-001If you take depositions, it’s inevitable that you’ll encounter deponents who are difficult to question. In addition to maintaining a professional manner, consider using one or more of the following strategies, based on the difficulty you’re facing.

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Civil Litigation Legal Topics New Legal Developments

New Year, New Laws for Litigators

464956543Did you keep up with the onslaught of legislative developments affecting litigation this year? Don’t worry, here’s a list of some key changes every California litigator needs to know.

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Civil Litigation Discovery Legal Topics

What To Do When Person Most Knowledgeable Doesn’t Work There Anymore

ThinkstockPhotos-460156617If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are no longer with the organization or if the organization serves so many customers that getting called into depo in every case would be onerous. Never fear: the first problem can be dealt with by preparing current employees to speak to the issue, and the second may be eliminated by the courts.

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Business Law Checklists Civil Litigation Evidence Intellectual Property Legal Topics

Need to Protect Trade Secrets in Litigation? There’s a Privilege for That

Trade secrets are not necessarily outed in litigation. There’s a conditional privilege that protects owners of trade secrets from being forced to spill their secrets.

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Civil Litigation Discovery Legal Topics New Lawyers

5 Reasons to Use Inspection Demands

five_108523216With a written demand for inspection or production, a party can get the opposing party to produce documents or things for inspection, copying, testing, and sampling. CCP §2031.010. This can be a powerful discovery tool with at least five advantages over other discovery methods.

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Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

2 Reasons to Go for Defendant’s Default

ThinkstockPhotos-158687666A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and then apply for a default judgment. Here are two practical reasons to seek entry of default and default judgment.

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Business Law Checklists Civil Litigation Legal Topics Litigation Strategy New Lawyers Pretrial Matters

Prepare for Case Management Conferences in 4 Steps

ThinkstockPhotos-477805217In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a comprehensive conference that occurs in the first 180 days after the complaint is filed. Cal Rules of Ct 3.721. And woe to any attorney who comes to the conference unprepared! Take some of the stress out of preparing for your next case management conference by using these four steps.

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Civil Litigation Legal Topics Litigation Strategy New Lawyers Pretrial Matters

Take 5 (Steps) Before Moving for Summary Judgment

five_108523216Thinking of filing a summary judgment motion in your case? Take the time to follow these five steps in assessing whether this is the right move to make.

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Civil Litigation Discovery Legal Topics

Develop a Routine: Stock Questions to Ask in Every Deposition

185496686Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them.