News & Analysis as of

Court Appearances

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

Law Enforcement Thwarts Sovereign Freeman

by Carlton Fields on

Copyrighting their names, “signing” with red thumbprints – we’ve seen some unusual court filings from unique individuals. But one person has apparently gone too far. It can be incredibly frustrating for a lender when a...more

Your "Limited Appearance" in the Business Court May Not Be As Limited As You Think

by Brooks Pierce on

The attorney for the Plaintiff in Foster Biodevice, LLC v. Cantrell. 2016 NCBC 51 said that he was only making a limited appearance, but the Business Court (through new Business Court Judge Robinson, in his first Opinion for...more

Securing the deposition of a Massachusetts resident for use in a Connecticut action

by Murtha Cullina on

Imagine this scenario: A Bank issues a loan to two co-borrowers. One co-borrower relocates to Massachusetts. The co-borrowers default on the loan and the Bank commences suit against the two co-borrowers. During...more

Practice Pointer: Leave Your Phone at Home on Deposition Day

by Carlton Fields on

Your deposition is scheduled to start in an hour. You're walking out your front door, about to drive to your company's lawyer's office. Your palms are beginning to sweat. You're worried you've forgotten your phone, your...more

Can You Get A Ruling From A Superior Court Judge After Your Case Is Designated To The Business Court?

by Brooks Pierce on

If you've been reading this blog for a while, you know that once a case is in the Business Court, it is in there forever, even if the issues that justified it being there in the first place are subsequently resolved. But when...more

White Paper: Time Limits for Witness Depositions

by Low, Ball & Lynch on

In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets a seven hour maximum time limit for the...more

When Your Employees Go to Court – Witness Duty

This post continues the discussion of employees absent from work for attendance at court. As a general proposition, employees who appear in court for their own cases, or on behalf of others, are not excused from work. They...more

City of Detroit’s Bankruptcy Enters Courtroom

In the last two weeks, the Honorable Steven W. Rhodes of the Bankruptcy Court for the Eastern District of Michigan held two important in hearings in the City of Detroit’s chapter 9 case, the largest in history....more

Recent Superior Court Decision Provides Important Lessons on Appellate Practice in Cases Removed to Federal Court

The Pennsylvania Superior Court’s recent decision in Kurns v. Soo Line Railroad, 2013 Pa. Super. LEXIS 1657 (July 17, 2013), highlights the difficult task that litigants can face in simultaneously navigating the state and...more

San Diego Superior Court – “Court Approved” Court Reporters – Choosing the Right Court Reporter

by Kramm Court Reporting on

As I have written about in past posts, the San Diego Superior Court has laid off all civil litigation court reporters. Attorneys need to make arrangements to bring in their own court reporter for hearings and trials....more

Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements

by Ifrah PLLC on

A recent decision by U.S. District Judge John Gleeson in the Eastern District of New York may be the harbinger of new limits on the government’s ability to use a prosecutorial tool of which it has become very fond lately –...more

Do I Have to Appear in Court or Testify in My Divorce Case?

by Jaburg Wilk on

It is not essential that you ever appear in Court (or before a Judge) in your divorce case. In the vast majority of cases, the parties never appear in court for any hearings or a trial on the merits....more

Error to Dismiss for Lack of Prosecution at Case Management Conference

After Plaintiff failed to attend a case management conference, the trial court issued an order which stated in its entirety: Neither plaintiff nor defendant appeared at duly set status conference. Whereas this...more

Debt collection litigation: More documents or more face-to-face?

by Ballard Spahr LLP on

Industry representatives and consumer advocates collectively lamented the high non-appearance rate of debtors in court in debt collection cases at yesterday’s joint FTC-CFPB roundtable on the debt collection industry....more

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