Seeking a Protective Order

11/16/2017 | by Heather Duncan, Esq.

Under the Civil Discovery Act of 1986, California civil discovery (including the scheduling and taking of depositions) was designed to be essentially “self-executing.” That is, a party demanding discovery doesn’t need prior approval, and a responding party may object instead of providing the requested information. An objection often ends a dispute, but sometimes it doesn’t. When an objection isn’t enough, the next step may be to move the court for a protective order.  

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Objecting to a Notice of Deposition

10/16/2017 | by Heather Duncan, Esq.

The October post addresses our readers’ questions about when and how to object to a Notice of Deposition for cases filed in California state courts.

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Citing a Witness

9/19/2017 | by Heather Duncan, Esq.

Under the California Code of Civil Procedure (CCP) Section 2025.480, if a deponent fails to answer any questions or to produce any document or tangible thing under the deponent’s control, the party seeking discovery may seek a court order to compel. 

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Using Deposition Excerpts in Legal Briefs

8/15/2017 | by Catherine Evans, Esq.

Deposition testimony used in support of a brief should be concise and precise.  This requires preparation. 

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Independent Medical Examinations

7/16/2017 | by Heather Duncan, Esq.

Medical examinations under the California Code of Civil Procedure (CCP) sections 2032.010-2032.650 are commonly referred to as “Independent Medical Examinations” or IMEs.

CCP §2032.220 allows any personal injury defendant to make a demand for an IME on the plaintiff, provided that the examination does not include any test or procedure that is painful, protracted or intrusive and the examination is located within 75 miles of the residence of the examinee.  

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Judgment Debtor’s Examination

6/16/2017 | by Heather Duncan, Esq.

This month’s Network News is focused on clearing some of the confusion that often surrounds the handling of a judgment debtor’s examination (JDE). A JDE, also known as an Order for Appearance or ORAP, is a common preliminary step taken by a judgment creditor before initiating collection efforts.

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Filing an Appeal

4/16/2017 | by Heather Duncan, Esq.

Having a court reporter at your trial is important because, if you chose to appeal, a transcript can be essential.  

Filing an appeal of your California Superior Court decision involves a series of steps that must be followed in order and on a strict timeline. Below is a basic outline of those steps in an unlimited civil case.

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Handling Deposition Exhibits

3/15/2017 | by Heather Duncan, Esq.

The Court Reporters Board of California periodically publishes a variety of “Best Practices” as a way to provide guidance on situations not expressly set out in statute or regulation. Below are some helpful excerpts from the Board’s recommendations for handling deposition exhibits:

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