Before a court can decide the merits of a lawsuit, it must first determine whether it has the authority to exercise jurisdiction over the defendant. If a defendant believes the court lacks that authority, they may challenge the court’s personal…

Requests to disqualify counsel can arise during many stages of civil litigation. A party may ask the court to remove an attorney from representing another party under certain circumstances, often based on concerns involving ethics, conflicts of interest, or the…

In some civil cases, a court may be asked to appoint a receiver to temporarily take control of certain property or business operations while litigation is pending. Because a receivership can significantly affect the rights of those involved, courts generally…

Depositions are commonly associated with attorneys questioning witnesses in person before trial. However, civil procedure rules also recognize another method known as a deposition by written questions. Although used less frequently, this discovery tool may be appropriate in certain situations.…

Discovery allows parties to gather information that may be relevant to the claims and defenses involved in a civil lawsuit. While discovery often involves exchanging documents, answering written questions, or taking depositions, it may also include requests to inspect property…

Trial briefs help parties explain the legal issues that may arise during trial and provide the court with supporting legal authority before proceedings begin. Because these briefs can assist the court in understanding complex issues, courts generally establish deadlines to…

Depositions allow parties to gather testimony, clarify facts, and evaluate evidence before trial. Once a deposition has concluded, it is generally considered complete. In some situations, however, a party may ask the court for permission to reopen the deposition to…

After a court hearing, a judge may determine that additional written arguments are necessary before issuing a ruling. In some cases, questions raised during the hearing or issues requiring further legal analysis may lead the court to permit supplemental briefing…

Stipulations allow parties in a civil case to agree on certain facts, procedures, or issues without requiring the court to resolve every dispute. These agreements can simplify litigation, reduce unnecessary motion practice, and help cases proceed more efficiently. Although stipulations…

Witness testimony often plays an important role in civil litigation. To promote fairness and allow both parties to prepare their cases, procedural rules generally require witnesses to be disclosed within established deadlines before trial. When a witness is not properly…