Remove Depositions Remove Discovery Remove Motion Practice
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Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision

E-Discovery LLC

In a case where the plaintiff seeks $24,000,000 in damages, the court stated: “Today we write the next chapter in this litigation, a case which threatens to become an epic of dysfunctional discovery…. The parties have long been embroiled in contentious discovery disputes.” Everlast Roofing , Inc. Wilson , 2025 WL 1959345 (M.D.

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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

They will require a material change in the way many attorneys practice discovery. 1, 2024, codify procedure for depositions by remote means. CR 26(e), as amended, now imposes a self-executing duty to supplement and/or correct all discovery responses. (e) g) Signing of Discovery Requests, Responses, and Objections.

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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Discovery commenced after the Courts initial scheduling conference on August 15, 2023. Avis Rent a Car System LLC , 2025 WL 484588 (D.N.J.

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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

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. 10 Second, we’ll focus on depositions rather than hearings or trials. Washington RPC 4.4(a)

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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

28, 2025), the court entered an order denying plaintiffs motion to compel supplemental document discovery and closing discovery. The court recited the discovery history and added: Despite the relative simplicity of this action, discovery has been anything but simple.

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Join Us in Chicago: A Thoughtful Approach to the Future of Litigation

Optima Juris

Focused Conversations on What Matters The conference agenda reflects what legal professionals are dealing with right now: updates on administrative law, whistleblower protections, legal ethics, and a practical discussion on “Using Artificial Intelligence in Discovery & Motion Practice.”

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Money as a Tactical Disadvantage: Don't Pitch Mountains of Cash into a Dumpster Fire

The Cloud Court Blog

Examples are plentiful: deliberately excessive discovery; ceaseless letter campaigns; pointless depositions; depositions that have a point but should have taken two hours instead of the seven hours they did take; and, of course, counterproductive motion practice. Use AI to increase efficiency in Discovery.