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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence 130
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. Bentons and (according to an affidavit) Ms. The circuit court found them to be non-responsive and again ordered him to provide specific responses. He failed to comply. at *4 (citations omitted).

Discovery 130
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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

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.”

Evidence 130
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Judicial Notice: Four Must-Know Rules

Evidence at Trial

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness. 3d 576, 580 (1970). 201(f); see also Cal. Code § 457. ” Dortch v.