E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” This blog was initially posted on Electronic Discovery Reference Model. 1003 and 1005. emphasis added).

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

NOVEMBER 5, 2024

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. I described another one of Phil’s excellent blogs on this issue, published by Driven as “Protecting Work Product in the Age of Electronic Discovery,” in M. Marking documents as “work product” may protect them from discovery.

Admissibility 130

Admissibility Litigation Discovery Evidence 130

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. at 187 (citation omitted). “The

Objections 130

Objections Discovery Interrogatories Admissibility 130

E-Discovery LLC

SEPTEMBER 1, 2024

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. 2] This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more on authentication, see Authentication Article by Paul Mark Sandler (Aug. State , 261 Md. State, 261 Md. 23, 2024). [2]

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2]

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

OCTOBER 15, 2024

Both the husband and wife sought discovery from TST. The Appellate Court agreed: “ Implicitly—as with all discovery—a request that a nonparty produce documents or other tangible things is necessarily confined by the bounds of Rule 2-402(a),” which defines the scope of discovery.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

E-Discovery LLC

JUNE 6, 2024

Thanks again to the Maryland State Bar Association for publishing my blog – – Admissibility of Internet Searches About Terminating Pregnancy | Maryland State Bar Association (msba.org) Please also see Thanks to Md. State Bar Association – E-Discovery LLC (ediscoveryllc.com) for other republished blogs.

Admissibility 130

Admissibility Discovery 130

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

MyCase

MAY 7, 2024

Reading, reviewing, and crafting discovery responses isn’t just tedious—it’s downright time-consuming. MyCase has partnered with Briefpoint to help firms save time on discovery documents by eliminating repetitive work required for responses. What is Briefpoint? How Does the Integration Work? Top Benefits of MyCase and Briefpoint 1.

Discovery 52

Discovery Interrogatories Subpoenas Admissibility 52

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

NOVEMBER 11, 2024

I would add, in my view, that TEDCO’s admission that “some (not all)” documents were privileged was very significant. Please note that some courts have held that No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. This blog was initially posted on Electronic Discovery Reference Model. _ [1] Cf.,

Objections 130

Objections Subpoenas Discovery Litigation 130

E-Discovery Team

SEPTEMBER 23, 2024

Judge Grimm and Professor Grossman suggest replacing "accurate" with "valid" and "reliable" to clarify the criteria for admissible evidence, as accuracy alone does not ensure reliability. The article - Part Two - discusses proposed modifications to Rule 901(b) concerning the authentication of AI-generated evidence.

Evidence 59

Evidence Admissibility Technology 59

Evidence at Trial

OCTOBER 3, 2022

These thousands of pages were relevant and admissible. Even assuming the other party stipulated to the documents' admissibility (they didn't), was there a clear, concise, and nonboring way to communicate the substance of this evidence to the jury? But would it be admissible? This exhibit would be clear, concise and nonboring.

Admissibility 52

Admissibility Evidence Exhibits Objections 52

Complex Discovery

SEPTEMBER 11, 2024

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. For eDiscovery professionals, the stakes are particularly high.

Evidence 111

Evidence Media and Entertainment Jury Deliberation Expert Testimony 111

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Attorney at Work

JANUARY 11, 2022

With billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery. It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional.

Technology 148

Technology Media and Entertainment Admissibility Legal Research 148

SW&L Attorneys Blog

JUNE 18, 2024

From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. Secured from the supreme court a certificate of admission to the bar of this state; and 2. Secured an annual license therefor from the state board of law examiners.

Litigation 82

Litigation Admissibility Court Rules Discovery 82

MyCase

MAY 2, 2024

It allows you to upload your factual documents via e-discovery and case management systems to generate hyperlinked citations. EsquireTek EsquireTek leverages AI to automate legal discovery processes. It leverages AI to suggest and write tailored content, such as Requests for Admission, Requests for Production, and Interrogatories.

Discovery 52

Discovery Case Management Litigation Interrogatories 52

WA Bar News

JULY 10, 2024

Via Orders entered on March 15, the Washington Supreme Court took the following actions pursuant to its inherent power over admission to practice law: Adopted the NextGen Bar Exam, with first administration to be in July 2026. See Sidebar No. SIDEBAR No. Watch for continuing coverage in future issues of Bar News.

Cross-Examination 52

Cross-Examination Admissibility Cross-Complaint Finance and Banking 52

The Cloud Court Blog

SEPTEMBER 28, 2022

In litigation, they often take testimony from witnesses prior to trial as part of the evidentiary discovery process.[ii] They know that if they fail to obtain an admission from a witness, or fail to vigorously defend their own, those failures have consequences measured in dollars. It could be $100,000, or it could be in the millions.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

Destination Articles Blog

NOVEMBER 5, 2024

Preparation for Discovery : Arrange your data in a specific format that makes it easy to process during electronic discovery. Establishing authenticity is crucial as it can affect the evidence’s admissibility in court. This includes verifying the source of emails, texts, and social media posts.

Digital Evidence 52

Digital Evidence Evidence Education Discovery 52

Complex Discovery

OCTOBER 11, 2024

Importantly, these settlements did not include admissions of wrongdoing. Notably, JBS agreed to a $52.5 million settlement in 2022 related to similar price-fixing claims, and Tyson settled a chicken price-fixing class-action for $221.5 million in 2021.

Government and Public Sector 105

Government and Public Sector Admissibility Litigation Precedent 105

E-Discovery LLC

AUGUST 16, 2024

And, after a bench conference at which the circuit court questioned whether a proper foundation had been laid for admission of the video, the prosecutor asked Mr. Zimmerman if he had watched the video and if the video was a true and accurate depiction of the events that occurred on the night of the shooting. at *15 (emphasis added).

Witnesses 130

Witnesses Evidence Admissibility Objections 130

E-Discovery LLC

JUNE 5, 2024

We agree with the central principle adopted by the cases listed above: a person’s prior history with abortion untethered to the material facts of a case will generally not be admissible.

Admissibility 130

Admissibility Evidence Voir Dire Objections 130

Evidence at Trial

APRIL 7, 2023

To learn Tyler's version of events, it appears that discovery will be necessary. Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Party Admissions v. This is standard practice for state court defendants in civil cases.

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52

WA Bar News

JUNE 11, 2024

WSBA Membership Counts Did you know that the WSBA publishes membership statistics—including total count by license type, location, year of admission, practice type, and certain demographics—refreshed each month as part of the Who We Are page? Visit www.wsba.org/about-wsba/equity-and-inclusion/dei-resource-library.

Admissibility 52

Admissibility Insurance Discovery Education 52

WA Bar News

SEPTEMBER 11, 2024

WSBA Membership Counts Did you know that the WSBA publishes membership statistics—including total count by license type, location, year of admission, practice type, and certain demographics—refreshed each month as part of the Who We Are page? Visit www.wsba.org/about-wsba/equity-and-inclusion/dei-resource-library.

Legal Services 52

Legal Services Admissibility Technology Insurance 52

WA Bar News

JULY 10, 2024

Bar Admission and Disciplinary Matters), 8.4(b) The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 Diligence), 1.4 Communication), 3.2 Expediting Litigation), 3.3 Candor Toward the Tribunal), 8.1 (Bar b) (Criminal Act), 8.4(c) c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d)

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

Joshua Gilliland

JANUARY 7, 2016

The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. Life lesson: Just because the Plaintiff has overly broad scope for discovery requests, does not justify the lack of a litigation hold. Stinson , at *12. Stinson , at *12-13.

Litigation 52

Litigation Evidence Discovery Summons 52

MyCase

APRIL 30, 2024

Paralegals Paralegals spend the bulk of their time on legal or case-related tasks, such as: Conducting legal research and discovery: Paralegals access databases and books to identify and document regulations and precedents that apply to a specific case. Their work frees up lawyers to focus on case strategy.

Witnesses 52

Witnesses Legal Research Technology Depositions 52

MyCase

APRIL 24, 2024

Performing legal research and discovery. Deposition summary: Act like a paralegal and summarize key points plus any inconsistencies or admissions within this deposition. With a detailed prompt or series of prompts, the application can quickly draft, edit, or summarize documents. Any output should be carefully reviewed prior to use.

Legal Research 52

Legal Research Depositions Precedent Legal Arguments 52

MyCase

AUGUST 31, 2023

Knowing the legal ethics rules is a major part of gaining admission to the state bar for most lawyers and they also have a major impact on the day-to-day operations of a law firm. Why is Following the Rules of Professional Conduct Important?

Case Management 52

Case Management Legal Services Technology Admissibility 52

E-Discovery LLC

JUNE 1, 2024

Stuart, “Privacy in Discovery After Dobbs,” 26 Va. As of this writing, undersigned counsel is aware of 45 unreported opinions in the 9 years since unreported decisions of the Appellate Court became available electronically where a criminal defendant challenged admission of video footage on authentication grounds. & Tech.

Precedent 130

Precedent Discovery Admissibility Litigation 130

Jury Analyst

MAY 22, 2024

Ignoring Admissibility of Evidence Sometimes jurors consider evidence the court has ruled inadmissible, casting doubt on their verdicts. The discovery of juror impropriety can lead to appeals, increasing the complexity and duration of legal proceedings. In addition to verbal instruction, judges manage the flow of information.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

3 Geeks and a Law Blog

JUNE 28, 2023

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. Catch Deepfakes If You Can: Can E-Discovery Tools Keep Up With Gen AI? So yeah, that’s that’s the that’s the discovery portion of it. They are easy and inexpensive to create but difficult to detect.

Litigation 59

Litigation Education Evidence Technology 59