Need More Time to Oppose a Summary Judgment Motion?

Once you receive a summary judgment motion filed against your client, you have about two months to file and serve your opposition papers. That sounds like plenty of time, but it may not be sufficient to marshal the evidence you need to oppose the motion. That’s when you need a continuance. 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

Cautionary Tale: When a Stipulated Continuance Won’t Save You from Untimeliness

170446161A recent case shows what happened when counsel stipulated to a continuance that took the ruling on a motion to vacate a default judgment past the jurisdictional time limit. It’s the tale of a big win, followed by a crushing loss. And it was an issue of first impression, so arguably counsel couldn’t have seen it coming. Continue reading

Getting Edited Video into Evidence

458909277With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate your truncated video. Continue reading

So Stipulated at Deposition

200402162-001You sit down for a deposition and often the first thing you need to do is enter into appropriate stipulations. Newer attorneys may feel pressured into agreeing to the “usual” stipulations—don’t do it! Only agree to “the usual” if you know what it means and it’s beneficial to your case. Continue reading

Should You Stipulate?

Sometimes strength comes from seeming weakness. A potentially powerful tool for a civil litigant is to stipulate or admit to certain facts. But knowing when to stipulate is an art. Continue reading

In the Divorce Wars, Who Pays the Attorney Fees?

Divorce has many costs, not the least of which are the attorney fees incurred by each party. But it’s not always the incurring party who has to foot his or her attorney’s bills. Continue reading