Almost everything I wrote about fact witness depositions applies to expert witness depositions, with a few exceptions that I will discuss here. LIMITATIONS ON NUMBER & DURATION The limitations discussed above, which apply to fact witnesses, as to the number…

The rules and procedures of our civil justice system are intended to encourage the settlement of lawsuits. Under the Arizona Rules of Civil Procedure, unless the judge finds good cause to do otherwise, the judge will order the parties to…

Depositions are usually the most important part of litigation. A single deposition can, and often does, make or break a case. WHAT IS A DEPOSITION?  A deposition is a proceeding in which a witness is required to appear and answer…

MANDATORY DISCLOSURES Parties to litigation are generally required to disclose the legal theories upon which their claims and defenses are based, as well as the evidence that they intend to introduce at trial to support those legal theories.  Rule 26.1…

FILING A LAWSUIT Personal injury lawsuits are commenced by the Plaintiff filing a complaint in court against one or more Defendants. The filing of the complaint is the first step the Plaintiff must take towards receiving an adjudication of his…

In this article, I will provide a general overview of the most important points to consider when deciding whether to file a personal injury lawsuit.  THE DECISION BELONGS TO THE CLIENT It is the Plaintiff who decides whether to file…

The parts of the case having to do with expert witnesses in a personal injury case are often the most expensive, time-consuming, and complicated. Expert witnesses, as distinguished from fact witnesses, offer expert opinion testimony. Expert witnesses are permitted to…

NEGOTIATING POWER The vast majority of personal injury cases are resolved by Settlement, but the only way to get a good Settlement is to negotiate from a position of strength. This is not merely a state-of-mind (although there certainly is…

Good writing is important, but it is not sufficient. You will not be able to create a powerful demand package unless you have first done the work necessary to obtain the information needed to support the demand letter. Demand Package…

The Phoenix area light rail system presents unique driving challenges and hazards to Arizona drivers and pedestrians.  The light rail vehicles are anything but light.  They are massive and when they collide with pedestrians or other vehicles, the results can…