● Resource Center · Litigation mechanics

Practice & Procedure Law in California.

Trial practice, discovery, depositions, motions, evidence, expert witnesses, mediation, settlement, and every procedural tool in a California PI case.

Overview

Trial Practice

The complete trial sequence from jury selection through verdict. California-specific procedure, timing, and strategy.

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First impressions

Opening Statements

Structure, primacy effect, theme development, and the rules governing what you can and cannot say in opening.

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Final persuasion

Closing Arguments

Damages arguments, anchoring, per-diem, Golden Rule prohibitions, rebuttal strategy, and verdict form walk-through.

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Building the case

Direct Examination

Open-ended questions, witness control, refreshing recollection, and laying foundations for exhibits.

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Testing testimony

Cross-Examination

Leading questions, impeachment, prior inconsistent statements, and the art of the short question.

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Jury selection

Voir Dire

Challenges for cause, peremptory challenges, Batson/Wheeler, supplemental questionnaires, and juror profiling.

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Pre-trial rulings

Motions in Limine

Excluding prejudicial evidence, golden rule motions, insurance mention, prior accidents, and attorney conduct limits.

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After the verdict

Post-Trial Motions

JNOV, new trial motions, additur/remittitur, cost bills, and preserving the record for appeal.

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Settlement conferences

Mediation

Mediator selection, mediation briefs, bracketing, impasse strategies, and confidentiality under Evidence Code 1119.

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Pre-trial resolution

Settlement Negotiation

Opening demands, counteroffers, bracket negotiation, policy-limits strategy, and when to walk away.

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Finalizing the deal

Settlement Agreements

Release language, indemnity, Medicare set-asides, structured settlements, and minor's compromise approval.

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Periodic payments

Structured Settlements

Annuity structures, tax advantages under IRC 104, qualified assignments, and when structures make sense.

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Cost-shifting

CCP 998 Offers

Statutory offers to compromise, cost-shifting consequences, validity requirements, and strategic timing.

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Negotiation mechanics

Demands & Offers

Policy-limits demands, time-limited demands, Stowers doctrine analogs, and bad-faith setup letters.

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Case financing

Litigation Funding

Pre-settlement funding, litigation loans, ethical considerations, and the true cost of litigation funding.

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Picking the panel

Jury Selection

Jury questionnaires, voir dire technique, challenge strategy, and identifying favorable and unfavorable jurors.

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CACI & special instructions

Jury Instructions

CACI instructions for PI cases, special instructions, instruction conferences, and preserving instructional error.

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Special verdicts

Verdict Forms

General vs. special verdicts, crafting verdict forms, apportionment questions, and inconsistent-verdict problems.

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Admissibility rules

Evidence

Relevance, hearsay exceptions, character evidence, expert testimony foundations, and Evidence Code highlights for PI.

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Retained experts

Expert Witnesses

Expert selection, Sargon gatekeeping, designation and discovery, deposition, and cross-examination of defense experts.

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Fact-finding

Discovery

Written discovery, document requests, interrogatories, RFAs, physical exams, and discovery motions.

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Oral testimony

Depositions

Deposition notice, examination technique, defending the plaintiff's deposition, and using depositions at trial.

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Written questions

Interrogatories

Form and special interrogatories, objections, supplemental responses, and motions to compel.

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Deemed admissions

Requests for Admission

Strategic RFA use, deemed-admitted consequences, motions to withdraw admissions, and cost-of-proof sanctions.

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CCP 2032

Defense Medical Exam

IME procedure, plaintiff rights during the exam, limiting the scope, and challenging biased defense examiners.

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Dispositive motions

Summary Judgment

CCP 437c, moving and opposing papers, separate statements, triable issues of material fact, and timing.

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Court motions

Law & Motion

Demurrers, motions to strike, motions to compel, ex parte applications, and California Rules of Court compliance.

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Pleading challenges

Demurrer

General and special demurrers, meet-and-confer requirements, leave to amend, and sustained-without-leave consequences.

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Evidence destruction

Spoliation of Evidence

Preservation duties, litigation holds, spoliation sanctions, adverse inference instructions, and independent tort claims.

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