Mastering Motions to Compel

Celia C. Elwell, the Researching Paralegal, recently pointed to an excellent article in the ABA Journal entitled “6 Keys to Acing Discovery.” The article focuses on preparing for and arguing motions to compel. Post author, Katherine A. Hopkins, cites the following as keys to success:

  1. Avoid canned briefs
  2. Research the court procedures
  3. Research the judge hearing your motion
  4. Research opposing counsel
  5. Make the judge’s life easy
  6. Finally, don’t be a jerk

Read the full article here.

Your first reaction may be: this sounds like a lot of work for a “simple” motion to compel. Perhaps it is. On the other hand, research is something you only need to do once. If you’re in a firm or have a network of fellow practitioners, it should be easy to make a few phone calls about an unfamiliar judge or opposing counsel.

Knowing the court procedures? You better know the court procedures! If it’s been a while or you are new to a particular judicial district in Oregon, start with the OJD Rules Center. Scroll the page to find UTCRs, SLRs, and “other rules,” including the Oregon Rules of Civil Procedure. If you are a Multnomah County practitioner, the new updated 2018 Attorney Reference Manual is now available on the Multnomah Bar Association website. Get it toot sweet!

I can heartily vouch for the tips about making the judge’s life easy and not being a jerk. No one likes the latter. Don’t take the bait if the other side is contentious. Keep your cool and your reputation intact.

As for the judge, put yourself in his/her position. A straightforward, well-organized motion with clearly marked exhibits is a great start. Your argument should be the same.

All Rights Reserved 2018 Beverly Michaelis

2013 in review

The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog.

Here’s an excerpt:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 46,000 times in 2013. If it were a concert at Sydney Opera House, it would take about 17 sold-out performances for that many people to see it.

Click here to see the complete report.

2011 in Review

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:

The concert hall at the Syndey Opera House holds 2,700 people. This blog was viewed about 34,000 times in 2011. If it were a concert at Sydney Opera House, it would take about 13 sold-out performances for that many people to see it.

Click here to see the complete report.

Adding LinkedIn as a Shared Service to WordPress

When LinkedIn announced the launch of a new share button for WordPress on November 30, 2010 I was ecstatic!  Sad to say my happiness lasted all of five minutes, since the posted code didn’t work.

Along with other LinkedIn/WordPress users, I left a comment pointing out the problem, and included the error message I received.  Since then I have checked the original blog post several times, hoping to see an answer from LinkedIn

I gave up for a while, then decided to write into WordPress support earlier this week.  I received a prompt response, clarifying e-mails were exchanged, and yesterday I received a solution.  You’ll find the step-by-step directions here.

Many, many thanks to Miriam Schwab, who posted the step-by-step directions and Ryan Markel who ran down the answer.  I guess you could say WordPress bloggers and WordPress support rocks!  LinkedIn: not so much.  In any case, I am now the proud “owner” of a LinkedIn share button on my blog.  My only regret?  Not writing in to WordPress sooner.