A duty of care is a legal concept that arises in many civil cases. Before a court can evaluate whether someone may be legally responsible for another person’s harm, it must first determine whether a legal duty of care existed…
Forum selection clauses are contractual provisions that specify where legal disputes related to an agreement must be resolved. When a dispute arises, courts may be asked to determine whether the designated forum should govern the case or whether there is…
After a judgment has been entered, a case is generally expected to move toward resolution. However, courts recognize that mistakes sometimes occur during litigation. In certain circumstances, a party may ask the court for relief from a judgment by arguing…
Medical records can be important evidence in civil litigation, but disputes sometimes arise when those records belong to someone who is not a party to the lawsuit. Because medical information is generally considered sensitive, courts carefully evaluate requests seeking access…
In some civil cases, a party may ask the court to allow the jury to visit a location or inspect physical property connected to the dispute. This type of request, often called a jury view, is intended to help jurors…
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…