Court Appearances

News & Analysis as of

Tips for Your Day in Court

Most personal injury cases never go to trial. Typically, injury claims are settled with the insurance company and defendants. Sometimes, an arbitrator decides the outcome in a quasi-judicial proceeding. There is a good...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

Who Wants to Go to Court? You do!

As a bankruptcy attorney, I can tell you that when I meet with a client to discuss the bankruptcy process, one of the greatest worries a client has is the anxiety of attending a court ordered hearing....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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