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.’” Some states have codified the “official information” privilege. 2A:84A-27; Cal.
E-Discovery LLC
JUNE 28, 2024
On April 4, 2020, a witness observed the stolen farm equipment on the farm. On April 11, a witness found it missing. Another witness saw an antique tractor being hauled away between April 3 and 5. He moved to suppress the fruits and made related arguments as to the shooting.
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Evidence at Trial
DECEMBER 17, 2021
Put another way, if documents are not available, a witness may testify about the documents' content so long as (1) the testimony is "otherwise admissible," and (2) allowing the testimony is not unfair. Chambers objected to the above-affidavit, in particular objecting to the statement that "Synchrony's records show[ed] that.
E-Discovery LLC
OCTOBER 6, 2024
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. Hughey made.”
Next Generation E-Discovery Law & Tech Blog
AUGUST 30, 2023
The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.
Evidence at Trial
MARCH 22, 2023
One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Judicial notice?
Joshua Gilliland
MARCH 3, 2016
The Plaintiff argued that the new searches should have been conducted without the Plaintiff’s first and last name on each of the witnesses’ email accounts. For example, Plaintiff has not shown that she would be unable to uncover the same information by asking additional questions of witnesses already scheduled to be deposed.
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