Discovery, Evidence and Interrogatories

When Can a Party Refer to Produced Records as an Answer to an Interrogatory?

E-Discovery LLC

JANUARY 8, 2025

Plaintiff contended that, in response to plaintiffs interrogatories, Defendants improperly refer to hundreds of pages of documents, which is non-responsive, evasive, and in violation of Federal Rule of Civil Procedure 33(d). First, it must show that a review of the documents will actually reveal answers to the interrogatories.

Interrogatories

Interrogatories Discovery Depositions Objections

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. The case involved a loan gone south.

Discovery

Discovery Objections Interrogatories Pleadings

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

DECEMBER 16, 2024

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame appealed, arguing abuse of discretion in the imposition of discovery sanctions.

Discovery

Discovery Interrogatories Affidavits Pleadings

Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II

E-Discovery LLC

JUNE 20, 2024

Life is Short It is also a red flag when the court notes: “Since February of 2023, there have only been rare and brief occasions when the parties did not have some discovery dispute before the court.” There is nothing wrong with a little humor to provide a break in the monotony of this long and tedious discovery war.” June 17, 2024).

Discovery

Discovery Interrogatories Litigation Exhibits

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. emphasis added]. See Fed.R.Evid.

Discovery

Discovery Depositions Interrogatories Settlement Negotiations

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery

Discovery Objections Evidence Litigation

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. Griffith Lab’ys, Inc.,

Objections

Objections Discovery Interrogatories Admissibility

StubHub: “The Court is not going to do that.”

E-Discovery LLC

AUGUST 16, 2024

13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery. This raises important questions about the resulting data, such as: Who moves it in evidence?

Interrogatories

Interrogatories Discovery Depositions Litigation

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2] 9, 2021). [2]

Admissibility

Admissibility Discovery Objections Interrogatories

Do You Have to Ask an Opponent for a Privilege Log?

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery

Discovery Exhibits Interrogatories Objections

Relative Proportionality Argument Rejected

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery

Discovery Objections Admissibility Expert Testimony

Felder: Part 1 of 4: Court-Ordered Transcription of “Meet and Confer” Session

E-Discovery LLC

AUGUST 13, 2024

The Court “presided over a discovery dispute hearing related to Plaintiff’s motions to compel interrogatory requests and requests for production of documents, and related to a motion for a protective order filed by the Defendant.” Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II (Jun.

Discovery

Discovery Depositions Interrogatories Objections

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion. Supplement if needed.

Cross-Examination

Cross-Examination Exhibits Interrogatories Opening Statement

From Consultation to Judgment: What to Expect in a Personal Injury Claim

CaseFox

MARCH 23, 2023

Investigation: Once you have hired an attorney, they will conduct a thorough investigation to gather evidence to support your claim. Discovery: During the litigation process, both parties will engage in discovery, which involves exchanging information and evidence relevant to the case.

Interrogatories

Interrogatories Depositions Evidence Discovery

HOW TO PREPARE YOUR CLIENT FOR THEIR DEPOSITION by Lita Luvera

Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

We know that once the juror forms an impression of your client and their story, it will influence how they view the evidence and issues in your cases. You review interrogatory answers and any statements, and cover the issues in the case. You never get a second chance to make that first impression.

Depositions

Depositions Interrogatories Witnesses Exhibits

Trial Strategy Today

When Can a Party Refer to Produced Records as an Answer to an Interrogatory?

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

Trending Sources

Two Recent Decisions Imposing Sanctions for Discovery Failures

Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

StubHub: “The Court is not going to do that.”

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

Do You Have to Ask an Opponent for a Privilege Log?

Relative Proportionality Argument Rejected

Felder: Part 1 of 4: Court-Ordered Transcription of “Meet and Confer” Session

CONSIDER A TRIAL CHECKLIST

From Consultation to Judgment: What to Expect in a Personal Injury Claim

HOW TO PREPARE YOUR CLIENT FOR THEIR DEPOSITION by Lita Luvera

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