How To Effectively Cite Authority: Tips from a Judge

woman with thumb up because she knows how to cite authority in her motion papersHow you include legal citations in a motion’s supporting memorandum can make the difference between being successfully persuasive and losing credibility. Continue reading

Should You Always Move for Summary Judgment and Summary Adjudication in the Alternative?

Motions for summary judgment and summary adjudication are frequently made in the alternative. Do you know why this is and when not to move alternatively? Continue reading

In Limine Motion Might Be the Perfect Tool for Trump

thinkstockphotos-122406964Trump’s attorneys used a motion in limine to keep what’s been going on with his presidential run away from the jurors in the class action against him related to Trump University. This is just the type of situation a motion in limine is perfect to address. Indeed, the greatest value of in limine motions lies in a party’s ability to confront prejudicial evidence before it’s presented at trial and comes to a jury’s attention. Continue reading

Moving Tactically: Should You Make a Motion?

465153001Motions are tactical tools, and your decision to seek an order should be made in the context of your overall litigation plan. Always keep in mind that making a motion entails time, effort, and expense for the moving party. Is it worth it? Continue reading

To Demur or Not to Demur?

ThinkstockPhotos-476195191A demurrer can be an excellent tool to challenge the legal sufficiency of allegations in an opponent’s pleadings. In deciding whether to demur to a complaint, defense counsel should consider not only whether a demurrable defect appears on the face of the complaint, but also whether demurring is likely to be a better move than its alternatives.  Continue reading

Phone It In: How to Appear by Telephone

ThinkstockPhotos-101720876Want to avoid traffic, parking, and court security checkpoints? Appear at a hearing by telephone! Continue reading

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. Continue reading

4 Questions to Ask Before Moving for a Discovery Protective Order

153000711In California, civil discovery is “self-executing,” i.e., a party demanding discovery doesn’t need prior court approval, and the responding party may object instead of providing the requested information. An objection often ends the matter, but sometimes it doesn’t, and the party resisting discovery has to consider moving for a protective order. Continue reading

Should You Use Tactical Dismissals?

84215043As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action. But such tactical dismissals aren’t without risk. Here’s a list of questions to ask yourself when deciding whether or not to dismiss. Continue reading

Come Together? 10 Things to Consider Before Moving to Consolidate

515961369Consolidation can be a useful efficiency technique because it allows the court to combine two or more separately filed lawsuits for simultaneous disposition. This efficiency is not without danger—consolidation may produce an incomprehensible case that the jury can’t handle fairly or understand.

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