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…

Issue sanctions are one of several remedies courts may consider when a party fails to comply with procedural obligations during civil litigation. Rather than resolving an entire case, these sanctions address specific issues that have been affected by the conduct…

Hearsay issues frequently arise during civil litigation, particularly when evidence includes multiple out-of-court statements. In some situations, a statement contains another statement within it, creating what is commonly known as hearsay within hearsay or double hearsay. When this type of…

Attorney-client privilege plays an important role in civil litigation by protecting confidential communications between attorneys and their clients. The privilege encourages open discussions about legal matters without fear that those conversations will later become evidence in court. When privilege applies,…

Evidence plays an important role in civil litigation, but not every type of evidence is evaluated in the same way. Courts must determine whether evidence is both relevant and admissible before it may be considered during a case. Habit evidence…