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Last, but not least relating to discovery are requests for admissions. Here too, there is not a hard and fast rule on the number of requests for admissions that can be served in a litigation. Requests for admissions ask your party opponent to admit a certain fact so that the specific fact is deemed admitted for purposes of the litigation. …
Document requests are often served concurrently with interrogatories, which we touched on last week. Document requests are another form of discovery and also, similar to interrogatories, must be related to the claims and defenses at issue in the litigation. Unlike interrogatories, there is not a black letter rule (in most states) governing the number of document requests that a party…
Over the past several weeks, we looked at what a deposition is and how they are used in civil litigation. But a deposition is not the only manner of conducting discovery in a civil litigation. Over the next couple of weeks we will examine the other tools in a litigator’s arsenal for obtaining discovery. First, what is discovery? Discovery is…
The following description of procedures and suggestions for your conduct are general in nature and are presented to help you prepare for your deposition. There can be exceptions to these general rules, and reasons why these rules do not apply to your specific situation. Your lawyer should be the final authority on your conduct or testimony during the deposition. Be…
There are four principal uses for testimony given at a deposition: Evidence at the Trial. — A deposition may be used as evidence by an opposing party at the trial. Under certain conditions, a lawyer may read a part of the deposition to the jury, and the jury may consider the deposition in the same manner as if the witness…
Over the next couple of weeks, we will dive into depositions – what they are, how they are used, how to prepare for them, and what to be aware of. Depositions are a vital tool in a trial lawyer’s arsenal and civil cases are often successfully settled or won based on information gained during a deposition. So, lets dive in. …
Last week we talked about ensuring ongoing communication to prevent conflict amongst the ownership group. Given the pandemic and perhaps with owners in different cities, states or countries, meeting face-to-face is not always possible. Is there a way to ensure proper documentation of actions taken by the business without having sit-down meetings memorialized in meeting minutes? Yes. A written action…