Admissibility, Discovery and Objections

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. It – surprisingly – sustained boilerplate objections. Information within this scope of discovery need not be admissible in evidence to be discoverable.” 26; see XTO Energy, Inc.

Discovery

Discovery Objections Interrogatories Pleadings

What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

OCTOBER 15, 2024

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. Both the husband and wife sought discovery from TST. TST objected on, inter alia , lack of relevance and overbreadth. With no other factual predicate to support the objection, it was overruled. In Trusted Sci. &

Subpoenas

Subpoenas Objections Discovery Admissibility

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

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

Discovery Depositions Interrogatories Settlement Negotiations

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

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

Discovery Objections Evidence Litigation

No Sanction for Discovery Failure in Criminal Case

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. He asserted self defense. Standford v. State , 416 Md.

Discovery

Discovery Cross-Examination Witnesses Admissibility

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility

Admissibility Discovery Objections Interrogatories

Relative Proportionality Argument Rejected

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.” Wiegand objected. 16, 2024)(Bredar, J.),

Discovery

Discovery Objections Admissibility Expert Testimony

Divorce Complaint Stricken and Testimony Precluded as Discovery Sanction

E-Discovery LLC

JULY 3, 2024

June 28, 2024)(unreported), the intermediate appellate court affirmed a discovery sanction in a divorce action. Mrs. Ferko alleged that Mr. Ferko’s discovery responses were inadequate on the issue of marital property. Ferko then filed two more motions to compel asserting that the discovery responses were deficient.

Discovery

Discovery Cross-Complaint Evidence Admissibility

Admissibility of Internet Searches About Terminating Pregnancy

E-Discovery LLC

JUNE 5, 2024

The Court described the context of the internet searching as follows: At trial, the State introduced evidence, over objection, that between March of 2018 and May of 2018, Appellant performed the searches listed above using her phone. At no point during Dr. Waldrop’s testimony did Appellant make any objection or motion to strike.

Admissibility

Admissibility Evidence Voir Dire Objections

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

E-Discovery LLC

SEPTEMBER 1, 2024

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. Over various objections, he explained the relationship between the different clips in the composite video and identified the camera numbers, times, streets, and specific activities depicted in the clips. State , 261 Md. State, 261 Md.

Admissibility

Admissibility Witnesses Evidence Exhibits

Do You Have to Ask an Opponent for a Privilege Log?

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

Discovery Exhibits Interrogatories Objections

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

E-Discovery LLC

OCTOBER 9, 2024

27, 2024), “boilerplate” objections were sustained on the specific facts presented. BOILERPLATE OBJECTIONS HAVE GENERALLY BEEN CONDEMNED Boilerplate objections have generally been condemned. See General Objections, Dracula, and “Whac a Mole” (Apr. In Jacobs v. The Journal Publishing Co., 2024 WL 4333199 (D.

Objections

Objections Discovery Interrogatories Admissibility

Persuasive Shortcuts: Document Summaries In Federal and California Courts

Evidence at Trial

OCTOBER 3, 2022

They understand that every stage of trial should have the same objective: to argue your case to the jury. These thousands of pages were relevant and admissible. But would it be admissible? Would we need to establish that this table was a business record to avoid a hearsay objection? Id. , § 1521(a).

Admissibility

Admissibility Evidence Exhibits Objections

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. These videos were admitted into evidence without objection and were contained in about 30 video exhibits. Over objection, Lieutenant McDonald testified that he focused on one of the suspects who wore distinctive attire. State, 261 Md.

Admissibility

Admissibility Exhibits Cross-Examination Evidence

Can a witness authenticate a video if the video contains images that the witness did not see?

E-Discovery LLC

AUGUST 16, 2024

I pointed out that there was no specific objection by the defendant to the key question of “was that a true and accurate depiction of the events that occurred that day?” I speculated that, if there had been an objection based on a lack of personal knowledge under Md. 3] _ [1] No specific objection was made to this question. [2]

Witnesses

Witnesses Evidence Objections Admissibility

Top 8 Legal AI Companies to Watch in 2024

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. The platform also offers 1-Click Objections, making it easy to add, edit, and customize objections with a single click.

Discovery

Discovery Case Management Litigation Interrogatories

Understanding Jury Duty and Misconduct in the Legal Arena

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. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

Jury Deliberation

Jury Deliberation Evidence Jury Selection Jury Instructions

Trial Strategy Today

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

What Objections May Be Raised to a Subpoena by a Non-Party?

Trending Sources

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

No Sanction for Discovery Failure in Criminal Case

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

Relative Proportionality Argument Rejected

Divorce Complaint Stricken and Testimony Precluded as Discovery Sanction

Admissibility of Internet Searches About Terminating Pregnancy

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

Do You Have to Ask an Opponent for a Privilege Log?

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

Persuasive Shortcuts: Document Summaries In Federal and California Courts

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

Can a witness authenticate a video if the video contains images that the witness did not see?

Top 8 Legal AI Companies to Watch in 2024

Understanding Jury Duty and Misconduct in the Legal Arena

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