Golden Oldie #2 – 40 Hours of Searching is Enough
E-Discovery LLC
APRIL 17, 2025
Finally , having limited the request, the Court ordered: In this regard, defendant will be required to expend up to 40 hours of time to search for these documents.
Affidavits Related Topics 
Multiplicity: I Got It — There’s a Lot of Them
Attorney at Work
MAY 10, 2022
An exception is for technical or precise words such as “affidavit.” What’s Wrong With “Multiplicity”. Plain language is best. Sticking to words of no more than three syllables usually makes your point. Repeated use of long words like “multiplicity” comes across as pompous, not learned. Multiplicity” can be vague.
Affidavits 
177
177 Join 5,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Webinars
Uncovering The Hidden Connections: A Patent Family Survival Guide
Trending Sources
Minnesota Guardianship Annual Reporting Requirements
SW&L Attorneys Blog
SEPTEMBER 12, 2024
These include a Personal Well-Being Report a/k/a the “annual report”, an Annual Notice of Rights to Petition for Termination or Modification of Guardianship or Other Relief, a Bill of Rights, and an Affidavit of Service. Filing Only the Personal Well-Being Report and Affidavit of Service need to be filed/submitted with the Court.
Affidavits 92
92 
The Federal “Official Information” Privilege
E-Discovery LLC
JULY 8, 2024
In order to assert it: “The objection must be accompanied by a declaration or affidavit ‘from a responsible official within the agency who has personal knowledge of the principal matters to be attested to in the affidavit or declaration.’”
Affidavits 130
130 
“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence
E-Discovery LLC
MARCH 3, 2025
The affidavit further recited that the employee was expressly barred from accessing the records. While there were several types of information at issue, in brief summary, one item the employee submitted was a table with the name and salary details of the employee who was hired, over Campbell, into the managerial role. Emphasis added].
Evidence 130
130 
Two Recent Decisions Imposing Sanctions for Discovery Failures
E-Discovery LLC
DECEMBER 16, 2024
Bentons and (according to an affidavit) Ms. In an affidavit, Doroshenko testified that he heard nothing from West in response to the deficiency letter and emailed West asking for an explanation on July 14, 2023. Benton filed suit, Hartley Hall propounded interrogatories and document requests. Benton did not respond.
Discovery 130
130 
Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported
E-Discovery LLC
JANUARY 28, 2025
July 22, 2019)(Courts have required that a movant make at least some effort, for example, by way of expert testimony or an affidavit, to show that this intrusive means of discovery is likely to yield the results sought.). UPS Ground Freight, Inc., 17-cv-30162-MGM, 2019 WL 3290346, 2019 U.S. LEXIS 121277, at *11 (D.
Discovery 130
130 
Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms
E-Discovery LLC
MARCH 5, 2025
If so, then the trial judge must decide a method’s appropriateness with the benefit of information from some reliable sourcewhether an affidavit from a qualified expert, a learned treatise, or, if appropriate, from information judicially noticed.
Discovery 130
130 
Golden Oldie #6 – Four Historical Search Decisions
E-Discovery LLC
APRIL 21, 2025
The Victor Stanley Court made it clear that an expert in search design was not required; however, as in Equity Analytics , ipse dixit pronouncements from lawyers unsupported by an affidavit or other showing that the search methodology was effective for its intended purpose are of little value.
Discovery 130
130 
Great Concepts; Not So Great Reasoning
IP Watchdog
DECEMBER 19, 2023
In so holding, it endorsed prior rulings to the effect that fraud in filing a Section 8 affidavit of continuing use, or a renewal application under Section 9—acts of “maintaining” a registration—constitutes “obtaining” a registration within the meaning of Section 14, while rejecting earlier TTAB decisions that had treated Section 15 affidavits the (..)
Affidavits 52
52 
Order Granting In Camera Review of Work Product Claim
E-Discovery LLC
APRIL 14, 2025
If that is done, then: The party asserting privilege must establish an evidentiary basisby affidavit, deposition transcript, or other evidencefor each element of each privilege/protection claimed for each document or category of document. Victor Stanley, Inc. Creative Pipe, Inc., 251, 266 (D.
Subpoenas 130
130 
“Order on Proposed ESI Order” – Is There a Better Mousetrap?
E-Discovery LLC
SEPTEMBER 24, 2024
The Court, however, considers this letter given that Deckers filed an improper affidavit earlier the same day, stating its position.” The court also wrote: “Quince’s September 5, 2024 letter violates the Court’s procedures for resolving discovery disputes, which requires the filing of joint discovery letters.
Discovery 130
130 
Geofence Search Warrant Held Valid
E-Discovery LLC
JUNE 28, 2024
The police affidavit stated: Based on that information, the affiant requested permission to search Google’s business records for “anonymized DeviceID data” of cell phone users that reported a location within a 100-meter radius of the main residence of the [victim’s] Frederick Road property between April 3 and April 11, 2020.
Affidavits 130
130 
No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad
E-Discovery LLC
APRIL 5, 2025
Further, one might argue that MAIPs affidavit summarizing its involvement and the burden of a conventional privilege log constituted a categorical privilege log. Hall and MAIPs objection to the subpoena and if it had found the subpoena to be both proportional and a request for relevant and discoverable information? 25, 2021).
Discovery 130
130 
California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.
Evidence at Trial
DECEMBER 17, 2021
To make these showings, Crown relied on an affidavit from a Synchrony employee who attested to the following: She had "personal knowledge of the business records of Synchrony" and was "a qualified person authorized to declare and certify on behalf of Synchrony." Chambers to opt out of the agreement (and that Ms. Chambers failed to do so).
Evidence 52
52 
Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination
E-Discovery LLC
OCTOBER 6, 2024
Based on these facts, an affidavit from IT Director Mr. Hughey, and an investigation by a technology consultant, Mr. Shapiro alleged that each of the individual defendants (and thus HHI, since they were acting in their official capacities) had accessed his emails unlawfully. Hughey deleted the account off the HHI computers.
Evidence 130
130 
Casey's Employee Challenges Tobacco-Use Surcharge
Practice of Law
APRIL 3, 2025
Employees of the convenience store chain who wish to avoid a $35 per pay period insurance surcharge have to produce a signed affidavit stating they don't use any tobacco products. Customers visiting one of the Casey's General Stores locations can purchase cigarettes, vapes, chewing tobacco, and nicotine pouches.
Affidavits 45
45 
How Not to Conduct a Meet and Confer or Comply With an ESI Protocol
E-Discovery LLC
APRIL 1, 2025
More motions were filed and the court wrote: While this was all being briefed, the parties filed numerous responses, replies, affidavits, declarations, documents, and Court-ordered joint notices in which they continued to bicker about every possible aspect of discovery in this case.
Discovery 130
130 
The Weight Of Lies: Understanding Perjury, False Statements, And Their Consequences In North Dakota
SW&L Attorneys Blog
JANUARY 17, 2025
It is usually written in sworn affidavits and declarations, documents requiring a notary, and applications obligating authenticity. If youve ever signed a legal document affirming the truthfulness of its information, you might recognize the phrase, which is coined an oath or a formal promise to tell the truth.
Witnesses 91
91 
The First Rule Of Messing-Stuff-Up Club: Don't Blame the Intern
Ethicking
NOVEMBER 28, 2023
Days after the motion hearing, Crabill filed an affidavit explaining that he used ChatGPT. According to the Colorado Supreme Court decision , Crabill discovered the cases were fictitious (the decision does not elaborate), and did not do what he should have done and withdraw the pleading or at least alert the Court to the problem.
Affidavits 52
52 
Mastering Numbers in Legal Writing: A Complete Guide to Style & Formatting
Legal Writing Launch
SEPTEMBER 16, 2024
Example: Twenty-one affidavits proved the defendants liability. instead of 21 affidavits proved the defendants liability. Beginning Sentences: Always spell out numbers that start a sentence, regardless of their size. This prevents ambiguity and maintains a formal tone.
Legal Arguments 130
130 
5 Ways to Take Control of Law Firm Management
MyCase
OCTOBER 26, 2021
Whether it’s a retainer agreement, personal affidavit, or another type of legal document, signatures from clients, co-counsel, and experts are often needed. Next, let’s talk about a way to reduce the steps needed to complete documents in your firm.
Affidavits 98
98 
Passing of Senate Bill 458 Helps Reform Civil Asset Forfeiture in Kansas
Joseph, Hollander & Craft
JUNE 3, 2024
Substantial due process protections implemented by the bill include a requirement that commencement of forfeiture proceedings be supported by a probable cause affidavit, a requirement that clear and convincing evidence support a final forfeiture order, and a requirement that courts consider whether forfeiture is excessive under the circumstances.
Affidavits 52
52 
Oh, yeah, that's fair!
Legal Research is Easy
JULY 8, 2020
For whatever reason, the Hales didn't respond to the complaint and the HOA filed an affidavit of default. Around January 2011, they fell behind on HOA dues (owing about $250) and the HOA filed a lien and later filed a complaint seeking the sale of the property over $500 in unpaid dues, plus interest. Here's where things get interesting.
Affidavits 52
52 
Efficient Process Serving is Made Easy With the MyCase + Proof Integration
MyCase
MARCH 19, 2023
Essentially, the service from serve to the affidavit is taken care of. Additionally, lawyers can receive live updates from Proof when attempts occur. They can also get a mapped verification of service and communicate directly with the server through an online live chat. What to see it with your own eyes? Want to see it for yourself?
Affidavits 52
52 Affidavits 52
52 
The Law of Automobile Insurance in South Carolina: A Practitioner’s Guide
The Barrister
NOVEMBER 23, 2022
Some of these forms include sample affidavits, client letters, complaints, covenant not to execute, client intake sheets, requests for production, interrogatories, and subpoenas. This book can be purchased on the South Carolina Bar’s website and found in the Charleston School of Law’s library in print and on Lexis.
Insurance 52
52 
Do You Really Need to Ask for Metadata?
Joshua Gilliland
FEBRUARY 23, 2016
My views on metadata are not the law, but I think they would make very strong arguments, if coupled with expert affidavits explaining to a Court how “metadata” is collected and what it takes to actively decide not to produce the ESI as it is ordinarily maintained.
Affidavits 52
52 
Proportionality in Email Searches
Joshua Gilliland
MARCH 3, 2016
It is not clear if either side had experts explaining the search terms in affidavits. Given the fact the case involved a single plaintiff, it is very likely that is a reasonable amount of email. A lot would turn on the amount of time the email communications covered.
Affidavits 52
52 
Best Evidence Rule Requires Post-Level Collection for Social Media Evidence
Next Generation E-Discovery Law & Tech Blog
AUGUST 30, 2023
The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.
Evidence 52
52 
Civil Law Firm Improves Productivity and Client Communication With MyCase
MyCase
OCTOBER 7, 2024
Through resourcefulness and creative thinking, Gonzalez Rivera used generators and three free months of MyCase to print affidavits to help children impacted by the hurricane travel to the US.
Affidavits 52
52 Affidavits 52
52 
Why You Should Hire a Canadian Immigration Lawyer
CaseFox
OCTOBER 3, 2023
Expertise in Documentation The immigration process necessitates extensive documentation, including forms, affidavits, supporting documents, and evidence. This level of personalized attention is crucial for ensuring a successful outcome. Filling out these forms accurately and supplying the correct documents can be daunting.
Evidence 52
52 
Ballot Battles Over. Selfies?
Practice of Law
OCTOBER 10, 2024
Hogarth's local district attorney had already submitted an affidavit stating that she would not prosecute Hogarth until the constitutionality of the state statutes is decided. However, the judge did direct attorneys to draft an agreement to prevent Hogarth from being prosecuted during the ongoing litigation.
SCOTUS Expands Right to Sue Police Who Bring Baseless Charges
Practice of Law
JUNE 28, 2024
When the officers had applied for an arrest warrant, they had to fill out an affidavit making the case for probable cause on all three charges. The Malicious Prosecution Suit For the malicious prosecution lawsuit, Chiaverini had to show why the officers did not have probable cause to bring the arrest.
Everything You Need to Know About Motion Practice
CaseFox
JUNE 29, 2023
The evidence can include relevant documents, affidavits, files, or any other relevant material that can support the motion. Research and understand all the legal requirements that you must follow for the success of your legal motion. It is necessary to ensure that all the evidence of the legal motion is credible. Gather-Evidence 4.
The Top 10 Golden Rules of Argumentation
The Successful Lawyer
JUNE 1, 2022
Or prepare an affidavit for your client summarizing important facts. Particularly when you have limited time, visual aids tell the story better than verbal presentations. Consider a timeline you can give to the judge illustrating important developments. Increasingly our world is visual, and your presentations must be as well.
Texas Upholds Narrow Geofence Warrant After Melee Resulted in Murder
E-Discovery LLC
APRIL 9, 2025
The affidavit requesting the warrant described Googles capabilities and asserted that it was likely that at least one of the four suspects had an Android device. Step 3 required disclosure of subscriber information for those identified as relevant. The geographic scope of the warrant was identified by four latitude and longitude coordinates.
Affidavits 130
130 
LegalWeek 2024 Special Part Two: Mollie Nichols and Mark Noel from Redgrave Data
3 Geeks and a Law Blog
FEBRUARY 8, 2024
And we had to identify several that were corrupted or several that came from wrong sources or had an unusual deficit, like 1/3, the expected number of message traffic, you know, for several months compared to the rest of the years, and then provide, you know, affidavits, you know, for going for motion to compel.
Education 52
52 
Dead Men Neither Wear Plaid Nor Render Opinions To A Reasonable Degree of Professional Certainty
Ethicking
FEBRUARY 20, 2025
Nonetheless, a notarized affidavit bearing his signature dated April 26, 2024, was filed with the court (purportedly to rebut a motion for sanctions). The inspection upon which the affidavit was based allegedly occurred two days before Gadrow died (again, of brain cancer, not from a sudden accident or heart attack).
Affidavits 82
82 
Requests for “Tower-Dump” or “Tower-Extraction” Search Warrants Declined Under Geofence Precedent
E-Discovery LLC
MARCH 7, 2025
FBI affidavits stated that law enforcement suspects the involvement of various members of a violent street gangincluding seven named in the applicationsin numerous homicides, shootings, and vehicle thefts occurring over a 14-month period in urban and suburban areas.
Precedent 130
130 
Judicial Notice: Four Must-Know Rules
Evidence at Trial
MARCH 22, 2023
The prison physician (and named) defendant submitted an affidavit stating that "it [did] not matter what time of day [Plaintiff] receives his Zantac prescription. Plaintiff complained that this made his GERD worse, but the defendants filed a motion for summary judgment essentially arguing that the revised Zantac protocol was not problematic.
Evidence 52
52 
Lawyer Chooses Lethal Injection for Client in South Carolina's First Execution in 14 Years
Practice of Law
SEPTEMBER 24, 2024
Fourth Circuit Court of Appeals, citing a new affidavit from his co-defendant, Steven Golden. Last-minute Appeals In what seemed like a legal Hail-Mary, attorneys for Owens filed an emergency motions to both the South Carolina Supreme Court and the U.S. This testimony contradicts the sworn testimony collected over years.
Affidavits 40
40 
What’s Wrong With “Making A Murderer”?
Forensic Psychologist
JANUARY 31, 2016
And despite his exoneration in the original rape for which he was convicted, prosecutors presented evidence in a pretrial affidavit of two other rapes of girls and women for which he was never prosecuted. While in prison, he threatened to mutilate and kill his former wife.
Suspended LSU Law Professor Who Rankled Governor Can Continue Lawsuit Against School
Practice of Law
FEBRUARY 11, 2025
In the suit filed against LSU, Levy swore in an affidavit that he followed reference with, "If Governor Landry were to retaliate against me, then f the governor and f that." Another Professor in Hot Water In his first class of the current semester, LSU professor of constitutional and criminal law Ken Levy referenced Bryner's plight.
Affidavits 53
53 Affidavits 53
53 
Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed
E-Discovery LLC
FEBRUARY 22, 2025
1] After briefing and review of defense affidavits, none of which were available to Judge Engelmayer, the States narrowed their requested injunction. Grimm Regarding Threats and Attacks on Judges (Feb. 11, 2025)(Emphasis added). Thats not political. Its patriotic. The motto of the U.S. Army is: This well defend. [1]
Affidavits 162
162 
Let's personalize your content