Court Appearances

News & Analysis as of

Will I Have to Go to Court During My Bankruptcy Case?

Filing for bankruptcy is a legal process and while you will likely not have a lot of interaction with the bankruptcy court during your case there are certain court hearings that you must attend and a few others, depending on...more

2 Ways to Lose Credibility in Court

You likely start out with credibility in the eyes of the judge. After all, you’re an officer of the court. But that initial benefit of the doubt can easily slip away, and once you’ve lost your credibility, the case may not be...more

Corporate Representative Depositions in Texas: The Basics Explained

If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition. A corporate representative deposition is one in which the company names a person to testify...more

Practice Pointer: Leave Your Phone at Home on Deposition Day

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

What to Do about an Incompetent Interpreter

A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being...more

Don’t Be Trapped by Your Deposition Outline

An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline....more

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

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

What NOT to Do in Court

I just left the Ventura County Courthouse where I sat and listened to people plead their case to the family law judge. Some made a pitch about why their child support should be reduced, using arguments not supported by any...more

Clients are Often Their Own Worst Enemy

Imagine a divorcing mother so desperate to control her own case that her conduct in the courthouse hallway results in her loss of custody of her children. Imagine a husband losing his most valuable asset in the divorce...more

White Paper: Time Limits for Witness Depositions

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

It’s That Time of (the Fiscal) Year

Clients frequently ask appellate lawyers, “How long until the court makes a decision?” It’s a question we all struggle with because the number of variables is too great to allow anything but a semi-educated guess. The period...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

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

Sued by Portfolio Recovery? Two Simple Steps To Winning Your Lawsuit

Portfolio Recovery files a lot of debt collection lawsuits here in Arizona. If you are reading this you are likely having the misfortune of being on the receiving end of one of their lawsuits. And if you are like most, your...more

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

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

What Not to Wear – How to Dress in Bankruptcy Court

Here in Phoenix where I live it is hot this time of year. And don’t tell me it is a “dry heat”. 115+ is flat out hot whether humid or not....more

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

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?

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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