Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.

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Evidence Jury Instructions Discovery Affidavits 52

Discovery Advocate

JUNE 7, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly. Link to District Circuit Decision

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Subpoenas Discovery Litigation Court Rules 130

Discovery Advocate

JUNE 8, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly. Link to District Circuit Decision

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Subpoenas Discovery Litigation Court Rules 130

Practice of Law

OCTOBER 11, 2024

She first presented a sufficiency-of-the-evidence argument, claiming that the prosecution had not submitted enough evidence to the court to show that she had violated the law. He criticized the majority’s reliance on existing case law due to changes in societal norms and the statutory exemption for breastfeeding.

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Evidence Precedent Court Rules Case Law 75

WA Bar News

SEPTEMBER 11, 2024

Recommendation : There is some uncertainty (until a Washington appellate court rules) about what can be waived in the statute as well as how to properly waive it. Examples include quick rulings on matters like schedule changes or extracurricular activities, where parents seeking the decision may not need or want formal confirmation.

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Arbitration Evidence Case Law Mediation 105

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 1 In other situations, however, litigators make specific representations of fact or law based on personal knowledge. 2 Some are in briefs, while others are made in open court. 2d 582, 600, 48 P.3d

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Pleadings Witnesses Arbitration Litigation 52

E-Discovery LLC

JUNE 1, 2024

However, prior to amendment of Rule 1-104, “any reliance” upon an unreported decision was “misplaced.” We decline to consider the unreported case law that Petitioners refer to on this point.” As amended last year, Maryland Rule 1-104(a) states: (1) Not Precedent. Law Quarterly 1253 (2001). Lisy Corp. Oliveira v.

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Precedent Discovery Admissibility Litigation 130