A preliminary injunction is a court order that may temporarily require a party to take or refrain from taking certain actions while a lawsuit is still pending. Because this type of relief can significantly affect the parties before a final…
Trade secrets can play an important role in many business disputes. During litigation, parties may be required to exchange information through the discovery process, but some of that information may involve confidential business materials that provide a competitive advantage. When…
Courts issue judgments to resolve legal disputes, but not every judgment remains valid indefinitely. In some circumstances, a party may ask the court to set aside a judgment by arguing that it is legally void rather than simply incorrect or…
Depositions create an official record of a witness’s testimony before trial. Because these transcripts may be referenced throughout litigation, accuracy is important, and mistakes sometimes need to be addressed after the deposition has concluded. Courts generally follow established rules that…
As a civil case approaches trial, the parties must complete a variety of procedural steps designed to promote an orderly presentation of evidence. One of these steps may include exchanging exhibit lists that identify the documents, photographs, records, or other…
The rule of exclusion generally requires witnesses to remain outside the courtroom until it is their turn to testify. This practice helps ensure that each witness provides testimony based on personal knowledge rather than being influenced by the testimony of…
Discovery allows parties to exchange information that may be relevant to the claims and defenses involved in a civil case. Because litigation often develops over time, the information provided during discovery may change or expand as new facts become available.…
When Courts Permit Supplemental Expert Reports Expert witnesses often provide opinions on technical, scientific, financial, and other specialized issues that help courts evaluate complex disputes. As litigation progresses, circumstances may arise that lead a party to request permission to submit…
In some civil cases, courts may separate liability and damages into different phases of the trial rather than resolving both issues together. This process, known as bifurcation, may be considered when doing so could improve efficiency, simplify the presentation of…
Protective orders are commonly used in civil litigation to help govern how certain information is disclosed, handled, or protected throughout a case. As litigation progresses, circumstances may change, leading a party to request that an existing protective order be modified.…
