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

E-Discovery LLC

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. The affidavit further recited that the employee was expressly barred from accessing the records.

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. 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.

Discovery 130
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The First Rule Of Messing-Stuff-Up Club: Don't Blame the Intern

Ethicking

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. Days after the motion hearing, Crabill filed an affidavit explaining that he used ChatGPT.

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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.

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. The prison physician (and named) defendant submitted an affidavit stating that "it [did] not matter what time of day [Plaintiff] receives his Zantac prescription. 201(f); see also Cal. Code § 457.