Choosing the Appropriate Elder Abuse Civil Protective Order

GettyImages-940320528 (1)Unfortunately, elder abuse is a much more rampant problem than we’d like to admit. In fact, studies show that approximately 10 percent of Americans aged 60 or over have experienced some form of elder abuse.

For attorneys with older or at-risk clients, it’s important to keep in mind the different protective orders available and to select the most appropriate order to ensure your client’s ongoing safety and welfare.

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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

Who May Attend a Deposition?

thinkstockphotos-155804580Generally, depositions are a fairly intimate gathering with only the necessary attendees. But what do you do if you’re surprised by an unwelcome person who insists on being present? Continue reading

6 Things to Know About Interrogatory Responses

ThinkstockPhotos-158217439So, you’ve been hit with interrogatories. Before you start working on responses, review these 6 points. 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

5 Ways to Defeat Deposition Abuse

Have you been on the receiving end of opposing counsel’s abuse during a deposition? Non-stop meritless objections, constant witness coaching, or just rude and unprofessional behavior can catch you off guard and leave you feeling unprepared.

This short video discusses the most common abuses attorneys experience during depositions, and then gives 5 ways to effectively deal with them.

These tips and many others for taking and defending depositions are found in CEB’s California Civil Discovery Practice.  Also check out CEB’s Handling Depositions for a step-by-step guide through the deposition process.

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© The Regents of the University of California, 2013. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

Modifying a Criminal Protective Order

Under California law, anytime a defendant is charged with a crime of domestic violence, the court must consider issuing a criminal protective order on its own motion. These orders are generally characterized as “no contact” or “stay-away” orders. Many victims and even defendants ask the court to modify its order to permit peaceful contact, as we recently saw in the case of San Francisco Sheriff Ross Mirkarimi. Courts consider many factors in deciding whether to grant the modification. Continue reading

I Object! Know What Objections to Make at a Deposition

Handling objections in a deposition can be tricky. Some objections are subject to “use it or lose it.” Others aren’t waived even if you fail to raise them in the heat of the moment. Here’s a run down on objections during depos under California law. Continue reading

When Production Is Not Enough: Seeking Inspection of a Computer System

Because documents produced from computers will represent only a small fraction of the electronically stored information that may exist, a request for production during discovery may not be enough. To get at all the relevant documents, you may want to demand the physical inspection of the responding party’s computer system under CCP §2031.010(c). Continue reading