What is a “Precedent”?
When parties present a legal dispute to a judge, the judge considers the evidence each party presents in support of their respective positions. However, the judge also must consider the…
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What Are Interrogatories?
Parties in civil lawsuits exchange information through a formal legal process known as “discovery.” The lawyers for each party use different discovery techniques, including interrogatories, to access the evidence that…
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Five Things to Know About Depositions
Depositions play an important role in litigation. Parties to civil cases routinely engage in the discovery process before settling a case or going to trial. Discovery involves the exchange of…
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Understanding Requests for Admissions
Requests for admissions are part of discovery, which is the formal legal term for the process by which parties to a civil lawsuit exchange information before a case goes to…
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What Are Writs, and How Do They Work in a Child Custody Case?
Whether you are facing a divorce, separation, or other family law case, you must determine child custody and the rights and responsibilities of each parent relative to their children. While…
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Why Do I Need a Litigation Attorney?
While filing a lawsuit against a liable party can be in your best interest – both personally and financially – it can also be stressful. You can reduce this stress…
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How to Prepare for Civil Litigation: The Dos and Don’ts
Going through the civil litigation process can be intimidating. There are deadlines to follow, documents to file, evidence to gather – even before you step into the courtroom. Fortunately, having…
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Important California Civil Lawsuit Deadlines to Remember
If you are thinking about filing a civil lawsuit in the California court system, or if you have been served with a civil complaint naming you as a defendant, you…
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6 Post-Trial Options To Consider Before Filing A Civil Appeal
Your civil trial is over or summary judgment was entered and you are not pleased with the outcome. You may think an appeal is your only alternative. Before you start…
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Essential Building Blocks Of The Civil Discovery Process
When parties are involved in a legal dispute they may wind up in a civil lawsuit. Once a case has been filed in the California court system, both parties have…
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How Successful Lawyers Prepare for Trial
Although very few lawsuits require a full trial, if your case goes to court, you need a civil litigation lawyer who knows how to prepare a winning case. While different…
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Civil Forfeiture Part 3: How California Laws Differ From Federal Laws
This is the third essay in a series devoted to civil forfeiture issues in the US and California. You can read an introductory explanation of the law, theory, and legal…
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When is Alternative Dispute Resolution Better Than a Trial?
Court battles are complicated, stressful, and may last years before reaching a final resolution. Plus, in a trial, you relinquish the power to a judge or jury to decide your…
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Civil Forfeiture Part 2: Applying the 5th, 8th, and 14th Amendments’ Constitutional Rights
We looked at the laws relating to civil forfeiture actions in last month’s blog post, Civil Forfeiture Part 1: The Law, Theory, and Legal Challenges When Seizing Assets Related to…
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Civil Forfeiture Part 1: The Law, Theory, and Legal Challenges When Seizing Assets Related to a Crime.
In Timbs v. Indiana, 139 S.Ct. 682 (2019), the United States Supreme Court struck down Indiana’s civil forfeiture laws. Civil forfeiture allows law enforcement officials to legally seize property, cash,…
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Understanding the California Court System Hierarchy
Most California residents are familiar with their local courthouse and may have appeared there for a traffic matter, divorce, or even jury duty. However, the local trial court is only…
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What to Expect During Civil Litigation Discovery in California
Unlike what you may see on television, legal disputes in Northern California are not filed and brought to trial within a few weeks. Before any civil lawsuit goes to trial,…
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Our Approach to the Practice of Law
Together, the two law partners in Evans Kingsbury LLP, have nearly 130 years of combined life experience. Between us, we have raised 9 children to successful adulthood, including one with…
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What Is Civil Writ Relief?
A petition for writ relief is an equitable proceeding compelling performance of or forbearance on an official act or duty. (Bruce v. Gregory (1967) 65 Cal.2d 666.) Few practitioners understand…
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