California Litigation Blog

California Litigation News & Practice Tips

Tag Archives: Discovery

Best Practices in Depositions

Posted in Discovery
On April 30, 2014, I was quoted by Law360 in an article titled "Five Tips For A Disaster-Free Deposition." Here is a link to the article for Law360 subscribers. Or you can find a synopsis of the article here.… Continue Reading

Spoliation as Evidence of Guilt

Posted in Discovery, Evidence, Trial
In determining what inferences to draw from the evidence against a party, the jury is permitted to consider a party’s willful suppression of evidence. Evid. Code Section 413. In Thor v. Boska (2nd Dist. 1974) 38 Cal.App.3d 558, a doctor, who was sued for malpractice, failed to produce his original charts. His explanation was that, after… Continue Reading

April 2009 Website Recommendation

Posted in Discovery, Practice Tips
In addition to doing traditional legal research, I regularly search the Internet.  One of my favorite websites is California Discovery & Privilege Law hosted by Richard E. Best, a retired San Francisco Superior Court Commissioner.  As a bench officer, Commissioner Best presided over discovery disputes for twenty years.  Commissioner Best currently serves as a private… Continue Reading

Videotape Depositions: Take One

Posted in Discovery, Trial
California law allows an adverse party to use a deposition of a party for any purpose during trial.  See, Code of Civ. Proc. Sec. 2025.620(b) (pdf.).  If you videotape your opponent’s deposition, this means that you can select and play deposition clips for the jury to watch during your: (1) opening statement; (2) turn to introduce… Continue Reading