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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Etame did not appear for his deposition on March 10, 2022. Nguhs motions, but held the sanctions motion in abeyance, and ordered Mr. Etame to appear for deposition. After the parties discussed scheduling, Mr. Etame failed to appear for deposition. Bentons and (according to an affidavit) Ms. As a result, Ms.

Discovery 130
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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

Defendant, Leadenhall Capital, moved to compel additional discovery and 777 Partners moved for additional time to complete expert depositions due to a document production issue. It also moved for a protective order to prevent certain depositions.

Discovery 130
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The Weight Of Lies: Understanding Perjury, False Statements, And Their Consequences In North Dakota

SW&L Attorneys Blog

It is usually written in sworn affidavits and declarations, documents requiring a notary, and applications obligating authenticity. It is also used audibly when swearing in witnesses for depositions and court proceedings, but in a different form. For related articles on jury duty , trials , and depositions , check out our blog.

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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

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. Emphasis added).

Evidence 130
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Passing of Senate Bill 458 Helps Reform Civil Asset Forfeiture in Kansas

Joseph, Hollander & Craft

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.

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LegalWeek 2024 Special Part Two: Mollie Nichols and Mark Noel from Redgrave Data

3 Geeks and a Law Blog

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.