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Exclude Evidence Early: Using an In Limine Motion
Have you heard about in limine motions, but are not sure what they are and when to use them? Put simply, an in limine motion is a request made before trial begins to admit or exclude evidence before...
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10 Tips for Optimizing Your Opposition to a Summary Judgment Motion
You just got hit with a summary judgment motion. Where do you begin to successfully oppose it? Start by asking yourself these ten questions; the answers will help you identify tactical considerations...
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Timeline to Trial
Wedding planners always suggest creating a timeline of tasks to accomplish as the big day approaches. Breaking down tasks and assigning them a priority in the buildup to the wedding is both efficient...
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Stay Mum About What Happens to a Summary Adjudication Motion
You made a successful summary adjudication motion and you are itching to tell the jury about it at trial. Unfortunately, you are legally required to keep your lips sealed on the issue. But there may be...
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The Mighty Separate Statement
The separate statement that accompanies your summary judgment motion in California courts is not merely a technical requirement you can breeze through; rather, it’s an exceedingly important document,...
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Should I Go for (Wr)it by Noticed Motion or Alternative Writ Procedure?
When you want to challenge an action or decision by a nonjudicial body, such as a governing board, an administrative agency, or a public official, you need to file a writ in superior court. You have...
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Need a Change of Venue?
Looking for a change of venue? You’ll have to fall under one of four grounds if you want a move your civil trial to another county in California. There are many reasons why a party might want to change...
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When to Pick Up a Scalpel and Sever Your Case
Do know when seek severance of one or more issues in your case? Severance or a separate trial is a procedural device that allows the court to divide a lawsuit into two or more parts, establish the...
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Do You Know When to Use Jury Questionnaires?
Jury questionnaires offer the benefits of efficiency and privacy, but when should you use them? The use of jury questionnaires is allowed by CCP §205(c)-(d), but it’s not required. Many judges oppose...
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The Pros and Cons of Moving for Summary Judgment
Given that California courts’ no longer consider summary judgment to be a “disfavored” procedure, you should always think about moving for summary judgment. But make sure to weigh the pros and cons...
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8 Questions to Ask Before Making the Move for Summary Judgment
Once you’ve considered the pros and cons of moving for summary judgment generally, you’re ready to get down to the specifics of your case and whether a summary judgment motion is the right move for...
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Going Ex Parte in 8 Steps
When time is of the essence, you may need to apply to the court for an ex parte order instead of following the noticed motion procedure. These steps will get you on your way—and fast! Here’s a...
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The When and How of Marking Exhibits
The first step when you want to offer something into evidence at trial is to have it marked for purposes of identification. Do you know when and how to mark exhibits? Marking an exhibit for...
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Navigating a Potentially Polluted Jury Pool
Issues around pretrial publicity polluting the jury pool were at the forefront in the recent case against Floridian George Zimmerman for the killing of an unarmed teenager. Attorneys handling...
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Logging Your Privilege Claims
Are you objecting to a request to turn over a document based on privilege? You better log it. Under California law, a party objecting to a demand for inspection has to identify each item to which the...
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When the Judge Won’t Budge
You’ve tried to disqualify the judge in your case, but the judge won’t budge. What do you do? In California, you file a writ petition. If you unsuccessfully try to disqualify a judge under CCP...
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Consulting a Consultant
Do you know the difference between a consultant and an expert witness? You should—it could be to key to a successful case. A consultant is an expert on a particular subject or issue who (1) doesn’t...
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Checklist for Responding to a Noticed Motion
Law and motion practice is the nuts and bolts of litigation and fertile ground for training new attorneys. To make sure you don’t miss anything the next time you’re hit with a notice of motion, here’s...
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Your Trial Notebook Starts with Your Files
Not sure where to begin on your trial notebook? Start with your office files. The trial notebook is prepared from documents taken from existing office files, whether those files are paper or computer...
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Avoid Using Trial Objections When Defending a Deposition
The following is a guest blog post by Micha Star Liberty. Micha represents plaintiffs in cases involving unlawful employment practices, personal injury and mass tort, defective products, civil rights,...
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