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Relative Proportionality Argument Rejected

E-Discovery LLC

That is a very rigorous process, often necessitating expert testimony. Wiegand’s argument that the requested information would not be admissible under Fed.R.Evid. 403 was of no moment because “Rule 26 itself provides that ‘[i]nformation within this scope of discovery need not be admissible in evidence to be discoverable.’” Id.

Discovery 130
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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Expert Testimony and Forensic Analysis: The paper emphasizes the role of expert witnesses in helping courts distinguish between real and AI-generated evidence. However, given the current limitations in AI detection technologies, human experts may still struggle to accurately authenticate evidence.

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. And when it comes to expert opinion testimony, there can be even more uncertainty. It says, in essence, a qualified expert may provide opinion testimony if a checklist of conditions is met.