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 at Trial
DECEMBER 17, 2021
California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence.
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E-Discovery LLC
OCTOBER 6, 2024
But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”
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.’” For more, see Mark S. 142 (1976); K. Graham, Federal Prac. & & Proc. 5676 (1 st ed).
Attorney at Work
MAY 10, 2022
An exception is for technical or precise words such as “affidavit.” If you assert that there are a whole bunch of things and your opponent shows evidence that there are many fewer, your entire case may be tarnished. Repeated use of long words like “multiplicity” comes across as pompous, not learned. Multiplicity” can be vague.
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.
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.
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