Time Chart of Potential Mistakes: Answer Through Depositions and the Complaint

Answer Through Depositions
  • Filing for Preliminary Conference
  • Necessity or lack of necessity of good faith affirmation
  • Timely responses to demands
  • Conditional orders
  • Preclusion
  • Dismissal Orders
  • Calendar control of appearances, status conferences, compliance conference, clerks call, abandonment of motions
  • Use of Court order v. stipulation v. agreements of the parties, and enforcement
  • Willful, contumacious failure to disclose
  • Outside attorneys performing deposition
  • Choosing the first EBT witness for a corporation or association
  • What to ask for at the Preliminary Conference
  • PC order not appealable
  • Preparing your client for depositions
  • Sufficient investigation during discover in order to do EBT
  • Correctly responding to Interrogatories
  • Use of Interrogatory and EBT
  • Expert's reports
  • Pitfalls of discovery devices
  • Demands for documents during deposition
  • Stipulations during the deposition
  • Asking for ruling during the deposition.
The Complaint
  • Does it state a cause of action
  • Will it survive a motion to dismiss on the pleadings
  • Name all of the parties
  • Venue set correctly
  • Does it state a basis for venue
  • Accurately name the parties
  • Does it state damages for a contract cause of action in a different context from a negligence cause of action
  • Verified
  • Signed by the attorney
  • Have the index number inscribed upon it
  • Make a sufficient ad damnum demand
  • Watch exception to Article 1600

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