If you are a fan of television legal drama, the phrase, “I object!” is the signal that something exciting will be happening on screen very soon. In real life, though, objections are a regular and necessary part of a trial.
When can you raise an objection? You can object if you think the other side’s evidence, witness testimony, or question should not be allowed. The California Evidence Code details what is and is not allowed to in court. Hint: there are a lot of rules.
If only there was a checklist or shortcut or reference sheet to get a quick understanding of objections that you can raise at trial…
Surprise – there is! CEB has produced a Checklist of Objections, two-page document listing objections that you can raise in court. The objections are organized into categories, and the editors also lists the Evidence Code section that is the basis for the objection. Here is an example of what you’ll find on the Checklist:
Interested in the full version of the chart? Come to the library to take a look at it!
As a bonus, the chart also lists cross references to chapters of a CEB Publication called California Trial Objections. This title will help you identify objections before and during a trial, and this title will also present tips and strategies for responding to objections.
The library no longer gets physical copies of this book, but this title is available online through CEB’s website called OnLaw. This database is available on the law library’s research computers. California Trial Objections is grouped with the Civil Litigation titles.
Tip: The two-page handout can be found in the library at call number KFC1030 .H4 2022, located on shelf 116B (towards the back of the library behind the reference desk.) This handout can also be found online through OnLaw as part of California Trial Objections.
As always if you have questions about legal research or the information we have in our library, please ask at the reference desk. We won’t object – we’re here to help!
The Alameda County Law Library is so happy that we have many patrons using the resources in our library! However, we know that there are those who might want to do some more research in the evenings or during the weekend when our library is closed. For those researchers, let me tell you about the legal resources available at the public libraries in Fremont and Dublin.
The Law Library has partnered with the Alameda Public Libraries in Fremont and Dublin to provide materials for legal research. Both Fremont Main and Dublin maintain a collection of California practice guides, formbooks, legal self-help books on everyday legal topics and free access to subscription legal databases so you can do research, even if the Alameda County Law Library is closed.
Tip: You will need to get a public library card to access online databases or to check out self-help books. Your ACLL library card will not work at the public library. You can get a library card that works at Dublin and Fremont at those particular branches, or any AC public library branch, and you’ll use it to access the computers with the legal online databases.
Tip: When you log on to the computer, click on the legal resources link on the desktop to get a page that looks like this:
What sources are available at the Fremont Main Library?
The Fremont Main Public Library is located at 2400 Stevenson Blvd (just across from the BART station), and is open the following hours:
Monday and Tuesday: 12:00 noon – 8:00 p.m.
Wednesday and Thursday: 11:00 a.m. – 6:00 p.m.
Friday and Saturday: 10:00 a.m. – 5:00 p.m.
Sunday: 1:00 p.m. – 5:00 p.m.
Print Resources
The Fremont Main Library carries many of the core titles that we use here in the law library. Some of the titles are:
California Elements of an Action, 2019-2020 ed. (Thomson Reuters)
California Eviction Defense Manual (CEB)
California Guardianship Practice (CEB)
California Law and Motion Model Forms (Thomson Reuters)
California Pretrial Civil Procedure (Matthew Bender)
Family Law Basics (Harriet Buhai Center for Family Law)
The library also has a copy of Black’s Law Dictionary and the California Style Manual. All legal reference items can be found on the bookshelves near Study Room 2 on the second floor. The legal reference books here are for in-library use only and cannot be checked out.
In addition, the library also has a comprehensive collection of Nolo Press and other self-help titles. These books are in the adult non-fiction stacks, located on the second floor. Unlike reference books, these titles can be checked out. Moreover, you’ll find that the county library has several copies of the Nolo Press spread out amongst the libraries, so if you can’t find the book you are looking for in the Fremont Library, it might be on shelf at a different library.
Tip: You could also search on your own by using the library’s online catalog to look for additional copies of a book.
Online Legal Databases
On two computers in the library, users can also access several legal databases that we have here in the law library. These databases are:
Lexis
Onlaw, containing digital versions of all Continuing Education of the Bar (CEB) publications
Trellis, containing access to a vast collection of California Superior Court filings
What sources are available at the Dublin Public Library?
The Dublin Public Library is located at 200 Civic Plaza in Dublin. The library is open during the following hours:
Monday – Thursday: 10:00 a.m. – 8:00 p.m.
Saturday: 10:00 a.m. – 5:00 p.m.
Sunday: 1:00 p.m. – 5:00 p.m.
Print and Online Resources
The Dublin Library also carries many of the core print titles that we use here in the law library and that are at the Fremont Main Library. The legal reference section is located on the main floor a few shelves in front of the Group Study room, opposite the newspapers.
The Dublin library also has a collection of Nolo Press and Legal Self-Help books located on the far end of the library. The call numbers for these books are in the 346-347 range in the non-fiction section. Remember that the self-help books in the non-fiction section CAN be checked out!
In addition, Dublin also has two computers (located in the Group Study Room at the back of the library) where patrons can use legal databases to conduct research. The Dublin Library has the same databases as the Fremont Main Library, and it also has Westlaw. The site also has tutorials explaining how to search Lexis, Onlaw, NoloEbsco, and Dissomaster. For a tutorial on how to search Westlaw, you can view the law library’s tutorial on YouTube.
Tip: Remember that with Westlaw, Lexis, Onlaw, or Trellis, you can print or download your search results. You can bring in a flash drive to save your search results in digital format.
For more information about legal research please contact the law library. For information about the specific books or databases at Fremont Main or at the Dublin Public Library, you can contact the library specifically with the information below.
See you next week!
Dublin Public Library 200 Civic Plaza Dublin, CA 94568 Monday – Thursday 10am – 8pm Saturday 10am – 5pm Sunday 1pm – 5pm 925-803-7252
Fremont Main Library 2400 Stevenson Blvd Fremont, CA 94538 Monday and Tuesday 12pm – 8pm Weds and Thursday 11am – 6pm Friday and Saturday 10am – 5pm Sunday 1pm – 5pm 510-745-1400
One of the perks of having an Alameda County Law Library Card is access to the National Consumer Law Center Digital Library. Users familiar with these books will recognize them by the familiar butter-yellow covers amongst the books on the mezzanine level.
The NCLC Digital Library provides access to the complete text of all 21 NCLC treatises on consumer law topics including: debt collection and debtor rights, foreclosures and mortgage lending, student loans, truth in lending, unfair and deceptive acts and practices, credit reporting, credit discrimination, consumer warranty law, and repossessions, among other consumer protection issues. The Digital Library also provides access to HUD Housing Programs: Tenants’ Rights (the print copy has a call number KF5729 .H83 2018, and it is located at the reference desk).
You can access materials in the library, as we have most of the titles in print. We also have a link to these sources via our research computers. But library card holders can also access the website remotely. Below are some tips for navigating and using the online materials.
Accessing the NCLC Digital Library
From the library’s research computers, users can access the materials from the research screen. Double-clicking on the link will open the webpage and because you are accessing it from our library, you will automatically be logged in. If you are trying to reach this source from outside of the library (your home, office, or another library), you will have to go to the website: https://library.nclc.org/ Click on the login link in the upper right corner. Law Library card holders can contact the law library to get the login password.
Once you have logged in, you’ll be taken to the MyNCLC page. There, you’ll see the complete list of NCLC publications on the left-hand column.
One way to find the information you need is to browse the publication. Simply choose the publication, and you’ll have the option to scan the table of contents, and then click on the section you want to read.
However, often a topic might be addressed in more than one publication. In that case, it might be better to run a search through all publications. The Search Bar is located at the top right corner of the page.
You can run simple searches for singular terms, such as discharge or moratorium or if you want to search for a phrase, you can put quotation marks around the words to search for the exact phrase, such as “student loan” or “repayment plan”. You can go the Advanced Search page to limit your results to a particular publication, content type, or even author. The Advanced Search page also has a link to help you create a terms and connector search query.
Tip: Here are some recommendations for creating a terms and connector search on the NCLC webage without having to use their template page.
Exact phrase: “default judgment” finds pages containing the exact phrase
Excluding words: default -judgment finds pages containing default but not judgment.
Proximity search: “default judgment” ~10 finds default within 10 words of judgment.
The tilde is found below the <Esc> key on the upper left side of the keyboard.
One character wildcard: te?t finds test and text– ? can be replaced by any ONE character.
Multi-character wildcard: test* finds test, tests, tester, testament, etc.– * can be replaced by any one or more characters.
Other features and tools
Please remember that this site contains the full text of the NCLC publications, so rest assured that footnotes are also included with the text. There are two ways to view the footnotes associated with the text. You can either click on the large link at the end of the section or you can click on the large footnotes button in the right-hand column. Clicking on either will display the corresponding footnotes alongside the text.
If you are interested in seeing new material, the website can also highlight the most recently added content. When you are looking at a section and see the flag with the note “just updated” you’ll see the mint-green text showing the new revision:
If this feature is distracting, you can turn it off by unselecting the box at the top of the page.
You also have the option to print or email content to yourself. The email and print icons are located at the top of the page.
Tip: You can only email/print one section at a time.
Tip: The footnotes are included when you print a section.
Finally, the website has additional helpful content available to our users. From the MyNCLC homepage, you’ll see a listing of the available material listed below the treatises. NCLC makes sample pleadings and discovery documents, selected federal appellate decisions, conference materials, and educational videos that you can view for free!
You’ll find a wealth of information regarding consumer law on this site. Remember, you can access this information in print, online from our research computers, and online remotely for our law library card users. If you have questions, please contact the law library.
ADR saves money, because you can save on litigation costs by ending the litigation process sooner rather than later.
ADR saves time, as court cases can takes months or years to complete.
ADR gives the parties more control over the outcome of the case.
ADR can be less stressful, particularly with mediation, where a neutral party helps keep discussion positive and productive.
Moreover, the Alameda Superior Court has an ADR Information packet that plaintiffs must include with the documents served to the defendant(s). This packet includes brief descriptions of the different kinds of ADR available, the advantages of trying alternative means of resolving legal issues, referrals to several different organizations that provide ADR services, and the form needed to let the court that both parties agree to try to ADR. If you are specifically interested in Mediation, you can find mediators under the ADR section of eCourt Public Portal.
While the court gives some brief descriptions of ADR, you might be interested in reading more about the different options before deciding to use ADR to resolve any legal issues. This post lists some resources the law library has for you. Let’s get started!
The library’s newest resource is a video from Empower Videos that discussion mediation. In this 50-minute video, the speaker explains the process of mediation through the story of a fictitious case that has been pending for two years. The video shows how the two parties work through the mediation process, and it focusses on the important role the neutral mediator plays in helping the parties come to an agreement. This video demonstrates how mediation is different and often more successful than settlement discussions without a neutral party.
For attorneys who are looking for MCLE credit, the law library also has a CLE video titled, The path to better mediations (call number: MCLE — ADR-1 2021). This seminar is led by an esteemed panel of experts, including a seasoned and well-respected former jurist and mediator, an experienced plaintiff’s lawyer, a former litigation specialist for one of the largest insurers, and an experienced defense lawyer. They have conducted and/or participated in thousands of mediations. This session will help attorneys increase their mediation skills for more satisfying dispute resolution outcomes.
The law library has a few print titles exclusively addressing ADR in the California courts. The main resource available is the Rutter Group’s California Practice Guide, Alternative Dispute Resolution (call number KFC1093 .K5, shelf 117A). This comprehensive title addresses the major types of ADR, and it also includes a chapter that will advise on drafting ADR agreements. In addition, you’ll find that mediation, arbitration, settlement conferences are addressed in many of the civil procedure treatises. Some topical treatises, such as those found in family law, business, or employment law, also discuss how ADR is used to resolve legal issues out of court.
Another title specific to ADR is Bench Handbook: Judges guide to ADR, produced by the Administrative Office of the Courts, Education Division, Center for Judicial Education and Research. While this is a little dated, it is still in use by the Courts. We have a physical copy in the library in our self-help section (call number KFC1093 .B4 2008) This resource is an excellent way to see how judges view ADR, and gives clear explanation on when different types of ADR would be appropriate, understanding confidentiality of proceedings, how agreements are enforced, and more.
Tip: A caveat when using this title – the Appendix has a list of California and National organizations specializing in ADR and conflict resolution. Please remember that this list was compiled in 2008, so while the organization might still exist, the specific pages or contact email(s) might have changed.
Tip: This title is also available online Online, you can find in Westlaw other ADR treatises by browsing the secondary sources list by topic. To view these sources, click on the Secondary Sources link on the home page and scroll to the bottom.
Tip: While Lexis and CEB do not have titles wholly devoted to ADR, remember that both publishers produce excellent treatises covering all aspects of litigation. These titles will have sections or chapters addressing ADR, mediation, settlement conferences, arbitration, and other dispute resolution options.
If you have any questions about locating these resources, please come to the library and consult a librarian. See you next week!
Patrons who come to the reference often start the conversation with a request to help find a form. While the California Courts have made many court forms available for free on its website, they haven’t been able to create a form for every situation. Reference tools such as California Forms of Pleading and Practice or California Law & Motion Model Forms are very helpful when you need to draft a form that hasn’t been created by the courts.
However, if you are lucky to have a California code section there is a very handy shortcut for you. West’s California Code Forms contain appropriate forms created to match the requirements set out in the code section. From the preface of the Civil Code volume:
All the forms are designed to provide the attorney with the practical applications of the Civil Code. Each form is based on a review of the case law interpreting and applying the statute. The forms are drafted to enable the reader to insert specific information and make modifications where appropriate.
As with other Thomson Reuter publications, the form is accompanied by commentaries as well as references to research references, such as topic and key numbers to find pertinent cases, treatises and practice aids such as Miller and Star California Real Estate, or Rutter Guides, and legal encyclopedias such as Cal Jur and Witkin.
The law library has print copies of the Civil and Civil Procedure Code Forms, and they are located on the first floor just after the set of Deering’s California Codes (Shelf 105B). The full set of Code Forms can be found on Westlaw in the Form Finder tool.
To get to this publication, log on to Westlaw, and click on the Forms link from the main page, and then select California. You’ll be able to see the list of Forms by Publication at the bottom of the screen. West’s California Code Forms with Commentaries is one of your choices.
To find your form, click on the code topic and drill through the table of contents to find your code section and forms.
As with all Westlaw documents, you have the option to download or email the document in Word of rtf form.
We hope this shortcut helps you save time when you draft your forms. See you next week!
There will be a time when you will need to see the version of a statute in effect for a specific date or will need to see how a law changed over time. This post will help you find previous historical of state and federal code sections using Westlaw and Lexis. Let’s get started!
Using Westlaw
In Westlaw, there are three ways to see prior versions of a statute:
From the statute via the History tab
From the Table of Contents – Effective Date widget
From the navigation bar right column – Historical link.
From the History Tab:
If you are viewing a code section (state or federal), you can access prior versions of a statute from the Historytab.
Once you click on the Versions link, you’ll see the earlier versions of the code section arranged by effective date in reverse chronological order.
Tip: This is the most efficient method to find the text of a code section for a specific date if you already have a specific code section in mind.
The Effective Date Widget
A second way to find historical versions of a code section is to use the Effective Date widget. This tool is located above the table of contents, and it allows the user to change the version of the statute to a version effective on a specific date. When you change the date and click the Go button, the new table of contents is displayed for the date you selected.
And when you are viewing the code section, there is a bold notice at the top reminding you that you are viewing an older version of the code, but you can easily go to the current version by clicking on the link.
Tip: When viewing a historical statute accessed through the table of contents, you’ll notice that there is no “Next section” or “Next result” arrow. To view the next section of the historical statute, you will have to go back to the Table of Contents, redo the date selection (you’ll notice that the date has reverted to the current date), and then choose the next section you want to view.
Tip: To print, you will have to be viewing the historical code section and then choose print.
From the Historical Statutes Link
A more efficient way to view multiple historical code sections is to use the Historical version of the code. Westlaw allows you to create a mini database comprised of the codes for a specific year. To create this database, click on the Historical – [State] Statutes Annotated, or the Historical – USCA link on the page displaying the Table of Contents for the state or Federal codes.
California Historical Codes:
Federal Codes:
From there, you select the year you need, and then you can run a search from the search bar at the top of the screen just as you would with any other database. The documents in the results are labeled with the year. Furthermore, you can browse through to the next document in the results list or to the next search term in your results using the navigation bar, but you will not be able to go to documents that are not part of your search results.
Using Lexis
Lexis also provides access to Archival codes for searching and browsing. There are two ways to access historical code sections:
The Archived Codes link
The Versions link
The Archived Codes link
The easiest way to search or retrieve a historical code section is to click on the Archived Codes link from the home page.
Here, you’ll have the ability to
Specify the content:
Code
Constitution
Administrative Code
Municipal Code
Court Rules),
Select a Time frame
Select a Jurisdiction (Federal, State, selected territories)
As in Westlaw where you have created your customized database, selecting the criteria on this page creates a customized database that is searchable like any other Lexis database. The results will show the pertinent content from the requested year(s) and jurisdiction. When you review your results, you’ll see the date of the content clearly at the top, and you’ll be able to jump to your search terms within the results, and you can go to the next document or back to the results list using navigation tools at the top of the document.
Tip: You will not be able to go to documents that are not part of your search results.
Tip: Please take note that the Copy Citation button will only copy the basic citation. It does not include the year, or any supplement information needed to complete the citation.
The Archived Code Versions Link
Alternatively, if you are already viewing a current code section, you have the option of viewing historical versions of the code by clicking on the link in the right-hand column. The Archived code versions link will bring up a list of the historical code sections in reverse chronological order for every year that is available. This arrangement makes it so easy to track the changes to a code section over time.
As a reminder, when you are viewing the archived version of a code section, you can’t browse forward or backward to other sections (e.g., going from 17 USCS § 102 to section 101 or 103), though you can browse through the results list to other sections.
To summarize, depending on where you are in your research or your research needs, there are different ways to access historical versions of state and federal codes. If you have questions about searching and retrieving them, please do contact a reference librarian at the law library. We’re happy to help.
Just this January, the Judicial Council produced a new set of forms under the SER- heading. These can be used to request that the Sheriff serve Court papers. Form SER-001 is used to ask the Sheriff to serve most documents, including Complaints, Restraining Orders, writs or levies. When asking the Sheriff to serve a writ or levy, SER-001 is used, along with SER-001A. Note that these forms are not used to enforce wage garnishments on an employer. You can download these, and many more Court forms from the Judicial Council website.
If you have trouble accessing or printing the forms, come by the law library! We are open 9 – 4, Monday through Friday, right in downtown Oakland.
Depositions are useful tools to gather evidence for a trial. In some casesx, a deposition might be the only chance to get useful information from witnesses for your case. This post will point out the resources the Law Library has to help you and your client prepare for the deposition. Let’s get started.
Empower Videos: How to Ace your Deposition
Last year, the library added the Empower Videos to our collection. These videos can help clients prepare for a deposition, mediation, and testimony in a trial. The deposition video is half an hour long, and addresses the following topics:
How to approach deposition as a “managed dialogue”
The importance of preparation, clarity, and consistency in testimony
How to handle documents and objections
How to appear comfortable and confident
This informative video is a good way to show clients and witnesses what is likely to occur during the deposition and how to be prepared in order to perform their best during their deposition.
Library card users can access this video by contacting the reference desk by sending a message to lawlib@acgov.org.
Nolo’s Deposition Handbook: the essential guide for anyone facing or conducting a deposition.
Nolo Press is known for presenting legal information clearly for non-attorneys. This helpful book covers all the basics of depositions, including taking and defending depositions, how to deal with expert witnesses, and how to deal with hostile or friendly witnesses. This book is available in the law library in our Self-Help section (Shelf 108B, KF8900 .B44 2022), and it is also available to library card holders via the Legal Information Resource Center via Ebsco. Please contact the law library for instructions.
Dunne on Depositions in California
This title is part of Thomson Reuters Expert Series, this book will help users to improve skills and techniques in taking depositions by providing practical tips, references, and checklists. The law library has an older edition on the shelves (Shelf 116A, KFC 1020.D86 2009) but you can access the updated edition on Westlaw (California Secondary Sources > California Texts & Treatises > Witkin’s California Materials).
Handling Depositions Action Guide
CEB has several titles on discovery and one solely pertaining to depositions. The law library has an older edition of Handling Depositions Action Guide on the shelf (116A, KFC1020 .D47 R35 2015), or you can access the current edition only via OnLaw on the library’s research computers.
This title is particularly helpful as it covers planning for depositions, as well as topics pertaining to expert witnesses, deposing party and non-party witnesses, as well as what to do before, during, and after the deposition. Additionally, the appendices contain checklists for preparing your clients for depositions, video recordings, etc.
Westlaw has a nifty resource called Pattern Deposition Checklists. It is only available on Westlaw, but it very helpful information on preparing for depositions. It also offers discussion on how to prepare deponents, how to conduct the deposition, how to treat expert witnesses, post-deposition follow-up, and how to use information gathered from the deposition at trial. In addition, it has suggestions for questions this source based on the cause of action and whether the witness is supporting the plaintiff or defendant. You can find this source on Westlaw here: Secondary Sources > Litigation Secondary Sources > Litigation Texts & Treatises.
California Deposition and Discovery Practice
On Lexis, you can use California Deposition and Discovery Practice. In addition to having a thorough discussion on deposition, it also addresses other types of discovery methods to present a thorough treatment of the topic. You can find this source on Lexis here:
California > All California Treatises, Guides & Jurisprudence by Practice Area > California Deposition and Discovery Practice
Finally, don’t forget that some of the general treatises on Evidence, Civil Procedure before Trial, and Discovery in general might also have good analysis and discussion about depositions. Please ask a reference for help with finding these materials.
Court Transcripts are the official record that the Court uses to document exactly what was said in Court. In the past, transcripts could be requested by contacting the transcriptionist directly. This has changed recently in Alameda County, and those requesting transcripts can send an email to transcripts@alameda.courts.ca.gov or call 510-627-4942. When emailing, please make sure to include this form, or download below. When calling, please leave a message with the information that is requested on the form. Payment for the transcript will still go directly to the transcriptionist.
One of our favorite databases here at the Law Library is Trellis! We love it because it allows you to see motions and other pleadings that have been filed in cases across many counties. This is a useful way to see what other people have filed and how they discussed a particular issue. You can also see if a motion was granted and what happened in a particular case.
While Trellis grants access to a huge number of documents, some of the documents are preview-only and show just the first page. If a search produces a large number of results, you might not want to spend extra time opening documents if you only have access to the first page. To avoid this situation, check out the filters on the left side of the screen. When you are in the documents view, click the button that says “Hide Preview Documents.” This will hide the documents that are preview-only, making it easier to identify the full-access documents.
Trellis is available to all library card users. We’re open Monday through Friday 9 – 4, come by and try it out! Happy searching!
The Advance Sheet 