DOSSIER · LIT

The Pretrial Toolkit

The motions, depositions, and orders that shape a case long before any trial date.

Brief stack

In this dossier

LIT-06 · 01

Temporary Restraining Orders and Preliminary Injunctions: Proving Urgency

9 MIN · LIT

Emergency injunctive relief is decided fast, on an incomplete record, and mostly on the quality of the sworn facts. This brief sets out what Rule 65 requires and where applications fail.

A temporary restraining order issued without notice expires within 14 days and may be extended once for good cause or by the adverse party's consent.
An ex parte application needs specific facts in an affidavit or verified complaint plus written certification of the efforts made to give notice.
The four factors are likelihood of success, likely irreparable harm, the balance of equities, and the public interest, assessed together.

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LIT-07 · 02

Rule 11 Sanctions: The Safe Harbour and What Triggers Exposure

8 MIN · LIT

Rule 11 motions are lost on procedure far more often than on the merits. This brief sets out what the signature certifies, how the 21-day safe harbour operates, and where the rule stops.

Signing or later advocating a paper certifies four things about purpose, legal contentions, factual contentions, and denials — each judged by a reasonable-inquiry standard.
Rule 11(c)(2) requires the motion to be served but not filed for 21 days, giving the other side a chance to withdraw or correct.
Rule 11 does not apply to disclosures, discovery requests, responses, objections, or motions under Rules 26 through 37.

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LIT-08 · 03

Depositions: Preparation, Permissible Objections, and Use at Trial

9 MIN · LIT

A deposition is the only chance to lock a witness into sworn answers before trial. This brief covers the Rule 30 limits, the narrow set of permissible objections, and what the transcript can do later.

Unless the parties stipulate or the court orders otherwise, a deposition is limited to one day of seven hours of examination.
Objections must be stated concisely and in a nonargumentative, nonsuggestive manner; the testimony is then taken subject to the objection.
A witness may be instructed not to answer only to preserve a privilege, enforce a court-ordered limitation, or present a motion to terminate.

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LIT-09 · 04

Protective Orders: Confidentiality Designations and Sealing Disputes

9 MIN · LIT

A protective order controls how the parties handle sensitive material in discovery. It does not decide what the public may see on the docket, and confusing the two is the most expensive mistake in this area.

Rule 26(c) requires a showing of good cause and a certification that the movant conferred, or tried to confer, before asking the court to act.
A stipulated protective order governs how parties treat material between themselves; it does not by itself authorize filing anything under seal.
Sealing implicates a public right of access to judicial records, so courts require a specific justification and narrowly drawn redactions.

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