I recently defended a fairly contentious deposition. To my surprise, my witness complained to me during a private meeting halfway through the deposition, “I wish you’d really give it to him. If I was a…
Read ArticleBecause my finger is ever tapped to the thumping pulse of civil procedure in our fine state, it only took me slightly over a month to realize there’s a new and improved way to lose your right…
Read ArticleI’ve been embroiled in a multi-week deposition bonanza in a religious discrimination case. Yesterday, though, I experienced a first. We were deposing the plaintiff. Her lawyer is very seasoned. While my co-counsel was conducting…
Read ArticleYou are a CEO reporting to an angry board. You are a sole proprietor with the future of your business at stake. Or you are an employee accused of discrimination or harassment, with your job…
Read ArticleIn his book, Litigation, Professor James McElhaney laments the fact that civil litigators are horrified at the prospect of a blind cross-examination. As a result, he argues, “[e]very year we spend millions of dollars…
Read ArticleCalifornia Assembly Bill 1875 would limit the deposition time to 7 hours, thus mirroring the Federal Rule. There is currently no limitation at all for cases pending in California state court. Is the proposed 7 hour…
Read ArticleImagine spending good money, effort and frustration to obtain a judgment only to realize it will cost even more good money, effort and frustration to collect the judgment. Sometime back I obtained a judgment on behalf…
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