Litigation Questions

(Q.) Will My Attorney be there for My Deposition?

(A.) Absolutely. You attorney will be there to represent you and to help protect your interests. You will also meet with your attorney prior to the Deposition to review what will happen and what kind of questions to expect.

(Q.) Will Someone Go With Me to the Adverse Medical Exam?

(A.) Yes. Someone from our office will go with you to be sure the doctor's office treats you well and does not perform any tests or questions to which we have objected. We will review your medical exam with you before you go. The only exception is if you are having a psychological examination. California law prevents us from attending such examinations.

(Q.) What is a Judicial Arbitration?

(A.) This is a non-binding hearing, which can be thought of as an informal test trial of your case. The court appointed Arbitrator will hear all sides and make a decision as to the value of your claim. You may be asked questions by the Arbitrator and opposing cousel. Your attorney will review such expected testimony with you prior to the hearing. The decision can be rejected by either side. The case then goes to a court trial. Your attendance at the Arbitration is mandatory.

(Q.) What is a Binding Arbitration?

(A.) This is a binding hearing. While it is not as formal as a Court Trial, it will determine the final value of your case. The parties agree upon an Arbitrator who will hear all sides and make a decision as to the value of your claim. You may be asked questions by the Arbitrator and opposing counsel. Your attorney will review such expected testimony with you prior to the hearing. The Arbitrator issues the award approximately 2 weeks after the hearing. Your attendance at the Arbitration is mandatory.

(Q.) What is Mediation?

(A.) This is an informal negotiation session which attempts to settle your case. The parties agree upon a Mediator who will hear all sides and work with them in and attempt to reach an agreement as to the value of your claim. You may be asked questions by the Mediator and opposing cousel. Your attorney will review expected questions with you prior to the hearing. Your attendance at the Mediation is mandatory.

(Q.) What Happens at a Trial Setting Conference?

(A.) This is the date the Court assigns a Trial date for your case. Often the parties are able to agree upon a date prior to this time and the date is called in. In this case, there is no appearance. If the parties are unable to agree upon a date, they appear and the

Court assigns a date for Trial. In either case, the court will then issue a formal assignment of trial date. Our office will advise you of the date following receipt of the notice.

(Q.) What is a Mandatory Settlement Conference?

(A.) A settlement conference is a Court procedure designed to facilitate the settlement of your case. A compromise of each party's position is mutually advantageous because both sides run some risk of an unfavorable result if this case goes to trial. Furthermore, the costs which both sides have to pay in order to go all the way to trial will sharply increase.

To minimize these risks and costs, the Court will try to help each side evaluate the value of your case and the odds of success should the case go to trial.

During the settlement conference, please be prepared to spend a lot of time sitting without much to do. Bring a book, some magazines, or other items that can help with the boring portions of the conference. Most of the attorney's time will be spent going in and out of the judge's chambers as the judge talks to both sides on an individual basis.

(Q.) What Do I Expect at Trial?

(A.) Expect to spend a good part of the first day waiting. When you and your attorney appear at 8:30 a. m., the court may assign a Pro-Temp Judge in a last attempt to settle your case prior to assigning a court room. Sometimes a court room is not available, and the case must be continued. Civil trials are often delayed - sometimes days, sometimes months. Although we will keep you advised if we learn anything beforehand, it is imperative that you plan to appear in Court unless we advise you otherwise.

Once your case has a court room, a jury will be selected - unless you are having a bench trial (a trial heard by the judge, instead of a jury). This will often take the remainder of the first day.

After the jury has been selected, testimony begins and both plaintiff(s) and defendant(s) will present their cases.

Following testimony, each attorney will make closing statements and the jury or judge will leave to review what they have heard. This will take a variable amount of time, after which you will receive the verdict.

At best, the trial of your case if extremely stressful. It is the intention of everyone at DAVID ALLEN & ASSOCIATES to make your appearance as easy as possible for you. Your commitment will help minimize the disruption in your personal and professional life during this time.

(Q.) What if I Have a Different Question?

(A.) Just call or email us and we'll do our best to answer it!

(Q.) Link to Sacramento Courthouse tours

http://www.courts.ca.gov/superiorcourts.htm