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…
Not all relevant evidence is automatically admitted during a civil trial. Even when evidence has some value in helping establish a fact, courts may exclude it if its potential to unfairly influence the outcome substantially outweighs its usefulness. The rules…
Witness testimony is intended to provide clear answers to the questions asked during a trial or other legal proceeding. When a witness responds with information that does not address the question, an attorney may object on the ground that the…