Remove Affidavits Remove Objections Remove Pleadings
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

The circuit court ordered Mr. Etame to submit any objections, which he did, with some discovery responses. The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. Bentons and (according to an affidavit) Ms. He failed to comply. Benton did not respond.

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

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. Thus, it granted summary judgment.

Evidence 130
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Judicial Notice: Four Must-Know Rules

Evidence at Trial

In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness. First, when taking judicial notice of adjudicative facts, the judge is required to give the parties notice and an opportunity to object to the taking of judicial notice. 201(f); see also Cal.