Malicious prosecution claims involve allegations that legal proceedings were initiated or continued without an adequate legal basis and under circumstances recognized by law. These claims differ from ordinary litigation disputes because they focus on whether prior legal proceedings were wrongfully…

Negligent misrepresentation claims arise when one party alleges that false information was provided without reasonable care, resulting in financial or other legally recognized harm. Unlike fraud claims, negligent misrepresentation generally focuses on inaccurate statements made without the level of intent…

Fraud claims involve allegations that one party intentionally made false representations that caused another party to suffer harm. These cases often arise in business transactions, contractual disputes, real estate matters, financial dealings, and other civil litigation. Because fraud requires proof…

Contracts play an important role in personal and business relationships, but not every agreement automatically becomes legally enforceable. When a dispute reaches court, judges evaluate several legal principles to determine whether a contract creates obligations that the law will recognize…

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…