E-Discovery LLC

OCTOBER 9, 2024

26(b)(1)states: The former provision for discovery of relevant but inadmissible information that appears “reasonably calculated to lead to the discovery of admissible evidence” is also deleted. It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.”

Objections 130

Objections Discovery Admissibility Interrogatories 130

E-Discovery LLC

OCTOBER 15, 2024

In separate litigation, the wife had engaged in improper conduct, including refusal to return and wiping a TST laptop, copying and retaining TST data, and she was held liable for conversion, enjoined, and punitive damages were assessed against her. Rule 5-402 (“Evidence that is not relevant is not admissible.”). State , 378 Md.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 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

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. In a world where most depositions and proceedings are likely to be at least partly virtual, video recordings are more important than ever. Decisions are already surfacing that show that using the built-in recording features is not enough (Alcorn v.

Depositions 363

Depositions Exhibits Witnesses Admissibility 363

Civil Litigation Brief

FEBRUARY 5, 2025

In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence..

Admissibility 78

Admissibility Evidence 78

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

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Code § 140. ” Cal.

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

Attorney at Work

JANUARY 11, 2022

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. With the delete key a tap away, it’s vital to defensibly collect this evidence while you can. Two TechnoLawyer award winners do just that.

Technology 148

Technology Media and Entertainment Admissibility Legal Research 148

E-Discovery LLC

SEPTEMBER 25, 2024

In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation. That is a very rigorous process, often necessitating expert testimony.

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

JULY 3, 2024

Wife noted that Husband’s refusal to provide discovery had been a continuing problem throughout the litigation. Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. The Appeals Court wrote: “Husband alleged that he had recently filed for bankruptcy.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

Joshua Gilliland

JANUARY 7, 2016

The City was found to be grossly negligent in issuing and executing its litigation hold for the preservation of email and text messages. The City did not issue a litigation hold until three years AFTER the complaint had been filed. The Court found that the City’s litigation hold was both late and ineffective. 2, 2016) 2016 U.S.

Litigation 52

Litigation Evidence Discovery Summons 52

E-Discovery LLC

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). “The Rodriguez v.

Discovery 130

Discovery Objections Evidence Litigation 130

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). Through litigation spearheaded by the Innocence Project, a new trial was recently ordered. Genrich, ORDER, July 7, 2023. And beliefs should not be the basis for a criminal prosecution.

Evidence 40

Evidence Admissibility Litigation Manufacturing 40

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. It addressed responses to requests for admission and the need for specific objections to document requests. The Norcold court addressed a number of other issues.

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

OCTOBER 17, 2024

408(a)(“Evidence of [a statement made during compromise negotiations about the claim] is not admissible – – on behalf of any party – -… to impeach by a prior inconsistent statement or a contradiction”). emphasis added; citations and quotations omitted]. See Fed.R.Evid.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

SEPTEMBER 16, 2024

Information within this scope of discovery need not be admissible in evidence to be discoverable.” Scope of Discovery The Federal Rules of Civil Procedure provide that “parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.”

Discovery 130

Discovery Objections Interrogatories Pleadings 130

Civil Litigation Brief

JULY 14, 2024

In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document.

Admissibility 64

Admissibility Evidence 64

Civil Litigation Brief

SEPTEMBER 17, 2024

There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of.

Admissibility 52

Admissibility Evidence 52

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Most litigators are generally familiar with the concept of judicial notice. In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness.

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. MacDonald v. GMC , 110 F.3d 3d 337, 340 (6 th Cir.

Closing Argument 40

Closing Argument Opening Statement Admissibility Pleadings 40

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? The facts support it: Fewer than 0.6% Let’s take a step back.

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

WA Bar News

JULY 10, 2024

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

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

Sound Jury Blog

SEPTEMBER 19, 2023

So often, we hear trial “war” stories about a critical piece of evidence that was supposed to get in, or maybe that was NOT supposed to get in. We work with a litigation team that has the associates present at the mock trials. For evidence – be realistic. If he’s “that bad” then why is he still #2, or still on the team?

Evidence 40

Evidence Witnesses Litigation Admissibility 40

WA Bar News

SEPTEMBER 11, 2024

Pro Bono and Public Service Award (Group) Navigate Law Group When Navigate Law Group first opened in 2014, it was quickly evident that pro bono work and a positive, engaged community presence was part of their ethos. Recipients must be active WSBA members within five years of admission to any bar association or less than 36 years of age.

Legal Services 97

Legal Services Education Litigation Admissibility 97

E-Discovery LLC

NOVEMBER 29, 2024

The Court set out the standard formula for spoliation – – there must be a duty to preserve, breach with a culpable state of mind, and prejudice, i.e., loss of “relevant” evidence that would have supported the claims or defenses of the discovering party. at *2; see Fed.R.Civ.P. 37(e)(for ESI). citation omitted).

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130

Evidence at Trial

APRIL 7, 2023

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. The figure below illustrates the approach: That Tyler's book excerpts are relevant is almost self-evident.

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Party admission? Declaration against interest? Spontaneous statement? Second, Section 356 is not a blank check.

Admissibility 52

Admissibility Evidence Witnesses Court Rules 52

E-Discovery LLC

JUNE 1, 2024

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. That court has not reversed in any case. emphasis added]. State, 358 Md.

Precedent 130

Precedent Discovery Admissibility Litigation 130

Complex Discovery

DECEMBER 8, 2024

This unique background positions ComplexDiscovery to provide valuable insights for conflict-related investigations and litigation, where understanding the interplay of technology, data, and geopolitical factors is crucial.

Technology 59

Technology Government and Public Sector Evidence Digital Evidence 59

Forensic Psychologist

OCTOBER 4, 2024

A single niche The single niche where the two labels are in widespread use is a forensic one: Sexually violent predator (SVP) litigation. Similar evaluator variability was evident when the researchers zoomed in on OSPD diagnoses in which either hebephilia or nonconsent were proffered as its basis. In State of New York v. Jason C. ,

Admissibility 59

Admissibility Evidence Litigation Construction 59

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

Lawmatics

DECEMBER 6, 2023

They work diligently to investigate claims of wrongful conviction, meticulously examining every detail of a case to uncover evidence that could prove an individual's innocence. However, not all cases have access to DNA evidence. At the core of The Innocence Center's approach is a tireless commitment to advocating for justice.

Evidence 130

Evidence Education Witnesses Summons 130

3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe.

Litigation 59

Litigation Education Evidence Technology 59