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.

Affidavits 52

Affidavits Witnesses Discovery 52

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 52

Evidence Jury Instructions Discovery Affidavits 52

E-Discovery LLC

APRIL 9, 2025

This step was intended to aid the police in ruling out any devices flagged by the Anonymized List so that the identity of obvious non-witnesses and non-participants would not be revealed. Step 3 required disclosure of subscriber information for those identified as relevant.

Affidavits 130

Affidavits Witnesses Evidence Precedent 130

Ethicking

FEBRUARY 20, 2025

Taking a break from everything being on fire to report this quick hit (h/t several people on BlueSky): every judge interprets the Daubert standard (or whatever standard applies in their state) a little different, but I assure you that a qualification for anyone to testify as an expert witness on any subject is that they must be alive.

Affidavits 82

Affidavits Witnesses 82

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?

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

Forensic Psychologist

JANUARY 31, 2016

Not only was her cremated body found in his burn pit just a few steps from his trailer, but two separate witnesses testified they had seen Avery putting items into a barrel of his from which police later recovered her incinerated cell phone and camera. While in prison, he threatened to mutilate and kill his former wife.

Media and Entertainment 52

Media and Entertainment Evidence Affidavits Witnesses 52

E-Discovery LLC

FEBRUARY 22, 2025

THE ROLE OF AN INDEPENDENT JUDICIARY IS WELL-ESTABLISHED Last year, Justice Gorsuch wrote: Having witnessed first-hand King George’s efforts to gain influence and control over colonial judges, see Declaration of Independence 11, the framers made a considered judgment to build judicial independence into the Constitution’s design.

Affidavits 162

Affidavits Evidence Litigation Witnesses 162

3 Geeks and a Law Blog

JUNE 28, 2023

So, you know, what steps do you think can be done on these things as well? Isha Marathe 21:32 I really think that starting education, or Hurley and I know, that’s always like an easy, just like an easy thing to say, because you can’t really touch it.

Litigation 59

Litigation Education Evidence Technology 59

Practice of Law

OCTOBER 25, 2024

Judge Chutkan had previously issued a gag order on the release of materials the DOJ designates as sensitive, including witness interviews, to prevent intimidation and jury bias. Combined with the unsealed part, the document is nearly 1,900 pages.

Opening Brief 40

Opening Brief Evidence Affidavits Witnesses 40