E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. State , 261 Md. emphasis added]. 23, 2024). [2]

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery 130

Discovery Objections Evidence Litigation 130

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence 111

Evidence Media and Entertainment Jury Deliberation Technology 111

Complex Discovery

OCTOBER 19, 2024

Editor’s Note: Artificial intelligence (AI) is transforming the pharmaceutical industry, offering unprecedented opportunities to accelerate drug discovery, streamline clinical trials, and fortify intellectual property (IP) strategies. Maintaining a clear chain of custody for AI-involved processes becomes crucial.

Pharmaceuticals 111

Pharmaceuticals Discovery Government and Public Sector Chain Of Custody 111

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product?

Admissibility 130

Admissibility Witnesses Discovery Mediation 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. Griffith Lab’ys, Inc.,

Objections 130

Objections Discovery Admissibility Interrogatories 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

NOVEMBER 5, 2024

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. 31, 2014), the court wrote that: LendingTree’s duty to preserve evidence arose no later than its assertion of the attorney work product privilege. Marking documents as “work product” may protect them from discovery.

Admissibility 130

Admissibility Litigation Discovery Evidence 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

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

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Depositions 130

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

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

E-Discovery Team

SEPTEMBER 23, 2024

The article - Part Two - discusses proposed modifications to Rule 901(b) concerning the authentication of AI-generated evidence. 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.

Evidence 59

Evidence Admissibility Technology 59

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses 130

Witnesses Evidence Objections Admissibility 130

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 146

Technology Media and Entertainment Admissibility Legal Research 146

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Scope And Limitations Of Discovery The scope of discovery is contingent upon the specifics of the case at hand; generally, any relevant non-privileged information is deemed discoverable.

Discovery 52

Discovery Interrogatories Depositions Witnesses 52

Destination Articles Blog

NOVEMBER 5, 2024

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Texts, emails, and social media posts can significantly influence custody decisions, highlighting the need for attorneys to manage this evidence with great care. This situation impacts about 21.9

Digital Evidence 52

Digital Evidence Evidence Education Discovery 52

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. These thousands of pages were relevant and admissible. But would it be admissible? "Be sincere, Be Brief, Be seated.

Admissibility 52

Admissibility Evidence Exhibits Objections 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. The Court applied the elements from Chin v.

Litigation 52

Litigation Evidence Discovery Summons 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

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

Complex Discovery

DECEMBER 8, 2024

Strategic Maneuvers and Key Challenges Key geolocated evidence reveals Russian forces capture of Novopustynka and progress near Shevchenko’s outskirts, signaling a concerted push along the T-05-15 highway towards Pokrovsk.

Technology 59

Technology Government and Public Sector Evidence Digital Evidence 59

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

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

E-Discovery LLC

APRIL 8, 2025

She also argued for a broad scope of discovery because the purpose of the Subpoenas is to lead to admissible evidence regarding communications not only among the defendants, but among the larger network of individuals who perpetuated the untraceable campaign against Ms. Lively, which justifies their broad scope. 24, 2022).

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. citation omitted].

Interrogatories 130

Interrogatories Objections Discovery Admissibility 130

E-Discovery LLC

NOVEMBER 29, 2024

Discovery had been conducted for almost a year and the deadlines extended three times. Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. 25, 2024)(Sullivan, J.),

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130

Evidence at Trial

APRIL 7, 2023

To learn Tyler's version of events, it appears that discovery will be necessary. But does Noise provide the plaintiff with actual usable evidence? Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Code § 210.

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 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

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Joseph, Hollander & Craft

MARCH 7, 2025

This admission came after 14 hours of questioning and being denied access to his lawyer. You may still need to move through the justice system before your Miranda rights lawyer can utilize the exclusionary rule in trial to petition to remove evidence that was obtained illegally. Finally, Miranda v. New York v. Quarles, 467 U.S.

Admissibility 52

Admissibility Evidence Witnesses Court Rules 52

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

Admissibility 130

Admissibility Evidence Voir Dire Objections 130

E-Discovery LLC

FEBRUARY 20, 2025

In this case, we must consider whether evidence of a criminal defendant’s internet searches on abortion in the early months of her pregnancy was relevant to show her intent to kill or harm her newborn several months later at birth, or, if marginally relevant, unfairly prejudicial. Akers contended that the baby was stillborn.

Evidence 130

Evidence Admissibility Discovery Exhibits 130