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Spoliation Discovery Permitted

E-Discovery LLC

Plaintiffs supplemental response stated: Plaintiff objects to this interrogatory as compound. 22 asked: Identify each and every DOCUMENT or other piece of tangible evidence relevant to Plaintiff’s claims and Defendants’ defenses which has been lost, destroyed, or cannot be found. Defendants Interrogatory No.

Discovery 130
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Golden Oldie #1 – Is a Preservation Letter Necessary to Trigger an Opponent’s Duty to Preserve?

E-Discovery LLC

In Thompson II , certain defendants failed fully to produce emails after the Court ruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails.

Discovery 130
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How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

E-Discovery LLC

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. The Wilbert court entered an order that Attorney XXXX show cause why sanctions should not be imposed. As such, I would not do so with prior court authorization.

Discovery 130
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California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." The trial court sustained Ms. Chambers' objections and denied the motion.

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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

should not be considered as evidence. In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. Irwin (E.D. Washington RPC 4.4(a) Washington RPC 3.4(a)

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Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

Defendants moved to stay discovery and asserted that courts stay discovery pending a fully dispositive motion, finding that judicial economy, the balance of hardships and equitable interests, and the lack of undue prejudice on nonmovants weigh in favor of a stay. cleaned up; citations omitted].

Discovery 130
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Rhymes and Crimes: Fourth Circuit Uses Rap Lyrics as Evidence in Drug Trafficking Case

Practice of Law

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.