Depositions are an important part of the discovery process in civil litigation, allowing parties to gather sworn testimony before trial. When a business or other organization is involved in a lawsuit, the process differs from taking the deposition of an…
In some civil lawsuits, a party’s physical condition may become an important issue in the case. When that occurs, one side may ask the court to require a physical examination as part of the discovery process. These requests are governed…
Pleadings serve as the foundation of a civil lawsuit by setting forth the claims, defenses, and legal issues that the parties intend to litigate. Because these filings shape the direction of a case, courts expect them to accurately reflect a…
Closing arguments provide each party with a final opportunity to explain how the evidence supports its position before the court reaches a decision. Because this stage typically marks the end of the presentation of a case, courts generally expect closing…
Expert witnesses often provide opinions that help explain technical, scientific, financial, or other specialized issues in civil litigation. Because expert testimony can significantly affect a case, procedural rules establish deadlines for disclosing expert opinions before trial. When an expert opinion…
After a court reaches a decision, the parties may be required to prepare and submit a proposed judgment reflecting the court’s ruling. Although the court has already decided the issues before it, disagreements may still arise regarding how the judgment…
Trial continuances may be requested when circumstances arise that prevent a case from moving forward as originally scheduled. Courts evaluate these requests carefully, considering the reasons for the continuance, the stage of the litigation, and the potential impact on the…
A complaint begins a civil lawsuit by setting out the legal claims and factual allegations that form the basis of the case. As litigation progresses, new information or changing circumstances may lead a party to request permission to amend the…
Litigation misconduct refers to conduct during a legal case that may interfere with the fair and orderly administration of justice. Courts expect parties and attorneys to comply with procedural rules, court orders, and their obligations throughout the litigation process. When…
Objections to speculation are common during civil litigation because testimony must be based on facts rather than guesswork. Courts generally require witnesses to testify about matters they personally observed or have a proper foundation to discuss, rather than offering assumptions…