Discovery disputes may arise when parties disagree about the information that should be exchanged during litigation. In many jurisdictions, certain discovery motions require a separate statement that organizes the disputed requests, responses, and supporting arguments into a single document for…

As a case approaches trial, courts often require the parties to submit a joint pretrial statement. This document helps identify the issues that remain in dispute, summarizes key aspects of the case, and provides the court with information needed to…

Depositions allow parties to gather testimony, clarify facts, and obtain information that may be relevant to the issues in dispute. Courts establish discovery schedules to help ensure that depositions are completed efficiently and that litigation progresses in an orderly manner.…

During civil litigation, parties may object to evidence, testimony, or procedural matters that arise throughout a case. In many situations, the manner in which an objection is made can affect whether an issue may later be reviewed if additional proceedings…

During civil litigation, the evidentiary record is generally established through the evidence presented to the court before a matter is submitted for decision. In some circumstances, however, a party may ask the court to reopen the evidentiary record so that…

Subpoenas are commonly used during civil litigation to obtain testimony, documents, or other information that may be relevant to a case. In some situations, a party or recipient may ask the court to quash a subpoena by filing the appropriate…

Sanctions are one of the procedural tools courts may use to address conduct that affects the fair and efficient administration of justice. Before imposing sanctions, judges evaluate the facts of the case, the applicable legal standards, and the circumstances surrounding…

Witnesses are generally called to testify about facts they personally observed or experienced. During civil litigation, however, a question may sometimes ask a witness to state a legal conclusion instead of providing factual testimony. When this occurs, an objection may…

Learned treatises can play a unique role in civil litigation when specialized knowledge becomes relevant to a disputed issue. Unlike many other forms of evidence, these publications are subject to specific evidentiary rules that govern when and how they may…

Electronic evidence has become an increasingly important part of civil litigation. Emails, text messages, digital photographs, social media posts, and other electronic records are frequently offered to support or dispute the facts of a case. Before this evidence may be…