E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Can a witness authenticate a video if the video contains images that the witness did not see? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Neither of the testifying detectives witnessed the events about which they testified. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

E-Discovery LLC

OCTOBER 7, 2024

Fact discovery closed a day before the court’s opinion; however, it had been extended for 14 days “for the purpose of taking depositions that couldn’t be scheduled before the discovery cut-off.” Plaintiffs’ made their proposal to Meta on August 23 rd , prior to the September 30 th milestone cutting off discovery.

Discovery 130

Discovery Depositions Witnesses Litigation 130

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Depositions 130

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence. Direct and Circumstantial Evidence The evidence that has been presented to you may be either direct or circumstantial. One broadcast applied the logic of circumstantial evidence.

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” A witness gave a written “statement,” using a “witness statement form.” Plaintiff alleged “that video evidence existed that has been spoliated.”

Evidence 130

Evidence Witnesses Discovery Litigation 130

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?

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

OCTOBER 22, 2024

Washington “argues that NNI’s 51-topic Rule 30(b)(6) deposition notice” is overbroad and unduly burdensome, and denies that it ever agreed to prepare and produce witnesses to testify on those topics…. NNI argued that Washington reneged and, as evidence, pointed to Washington allegedly “ignoring” its letter. Discovery Guideline 1.f).

Objections 130

Objections Depositions Discovery Witnesses 130

E-Discovery LLC

JULY 8, 2024

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Wallace, “Discovery of Government Documents and the Official Information Privilege,” 76 Colum.

Affidavits 130

Affidavits Discovery Objections Evidence 130

Valdosta Law Blog

NOVEMBER 21, 2023

One of the most important is the right of discovery, which applies to the state’s evidence. What is the right of discovery? Federal rules for criminal proceedings and Georgia state standards require the disclosure of all evidence to criminal defendants and their attorneys prior to trial.

Discovery 52

Discovery Evidence Witnesses Pleadings 52

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. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

WA Bar News

JUNE 11, 2024

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. should not be considered as evidence. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. Irwin (E.D.

Depositions 98

Depositions Witnesses Objections Discovery 98

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130

Evidence Discovery Litigation Affidavits 130

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. Decide how to use at trial.

Cross-Examination 100

Cross-Examination Exhibits Opening Statement Interrogatories 100

E-Discovery LLC

JUNE 28, 2024

On April 4, 2020, a witness observed the stolen farm equipment on the farm. On April 11, a witness found it missing. Another witness saw an antique tractor being hauled away between April 3 and 5. 423 (2022), discussed in Discovery From Cell Phones – Differing Civil and Criminal Protocols in Maryland (Nov.

Affidavits 130

Affidavits Witnesses Evidence Discovery 130

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

NOVEMBER 26, 2024

The court wrote that he wanted witnesses’ contemporaneous statements to Sedgwick obtained “while [Sedgwick was] investigating his claim shortly after the incident occurred on December 17, 2020, which was almost four years ago.” Keefe and other Kroger employees were key witnesses. That footage is lost and cannot be restored.”

Subpoenas 130

Subpoenas Evidence Witnesses Precedent 130

CaseFox

MARCH 23, 2023

Investigation: Once you have hired an attorney, they will conduct a thorough investigation to gather evidence to support your claim. This may include interviewing witnesses, reviewing medical records, and consulting experts in various fields such as accident reconstruction or medicine.

Depositions 97

Depositions Interrogatories Evidence Discovery 97

The Cloud Court Blog

JULY 11, 2023

July 11, 2023, 13:00 GMT MINNEAPOLIS, MN, USA, July 11, 2023/ EINPresswire.com / -- Setting the global standards for e-discovery, the Electronic Discovery Reference Model (EDRM) is pleased to announce Cloud Court, Inc. Would that help your team identify better evidence? Empower your own witnesses?

Discovery 75

Discovery Witnesses Litigation Technology 75

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

There are a volume of available ideas and outlines for the discovery deposition of a medical malpractice expert including advice to not take the deposition at all in some circumstances. GENERAL BIAS 1. Involvement in this Case: (1) HOW BECAME INVOLVED IN THIS CASE (2) INVOLVEMENT WITH EXPERT WITNESS AGENCY?

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

Destination Articles Blog

NOVEMBER 5, 2024

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Texts, emails, and social media posts can significantly influence custody decisions, highlighting the need for attorneys to manage this evidence with great care. This situation impacts about 21.9

Digital Evidence 52

Digital Evidence Evidence Education Discovery 52

E-Discovery LLC

SEPTEMBER 17, 2024

Doug Austin wrote an interesting blog, Police May be Coming for Your Tesla as a Potential Crime Witness (ediscoverytoday.com) (Sept. They’re scanning for Teslas parked nearby, hoping their unique outward-facing cameras captured key evidence.” The e-discovery issues presented by these articles and technologies are fascinating.

Manufacturing 130

Manufacturing Litigation Discovery Insurance 130

E-Discovery LLC

NOVEMBER 5, 2024

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. 31, 2014), the court wrote that: LendingTree’s duty to preserve evidence arose no later than its assertion of the attorney work product privilege. Marking documents as “work product” may protect them from discovery.

Admissibility 130

Admissibility Litigation Discovery Evidence 130

SW&L Attorneys Blog

FEBRUARY 13, 2025

Part of the civil litigation process involves gathering evidence, known as discovery. A deposition allows attorneys to ask questions of witnesses who provide sworn testimony under oath. This means the deposition can be held in a place convenient to the witness, the parties, the attorneys, like an office conference room.

Depositions 52

Depositions Witnesses Pretrial Motions Litigation 52

Percipient

MARCH 10, 2022

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. ” While ECA is often associated with electronic discovery and the early analysis of electronically stored information (ESI), its scope should not be so limited. .”

Discovery 52

Discovery Evidence Digital Evidence Subpoenas 52

Newport Beach California Business Litigation Law B

MARCH 11, 2025

The discovery rule: When the clock starts The law recognizes that accounting errors are not always immediately apparent. Beyond potentially missing the statute of limitations window, evidence may become more difficult to gather, witnesses’ memories may fade and the financial impact on your business may compound.

Discovery 52

Discovery Evidence Witnesses Litigation 52

The Cloud Court Blog

APRIL 5, 2023

They serve as organized repositories of evidence and the tools they provide and the professionals that wield them bring order to documentary chaos. The key documents and evidence these tools help identify invariably set the stage for what comes next: testimony. eDiscovery tools are indispensable in document-dense litigation matters.

Witnesses 52

Witnesses Depositions Litigation Evidence 52

Sound Jury Blog

JANUARY 8, 2024

Initial Case Strategy “I resolve to start thinking about my jury story BEFORE discovery even starts.” Too often we see trial teams begin thinking about their jury story near or at the close of discovery. Witness Preparation for Deposition “I resolve to prepare my witnesses for depositions using role playing and video feedback.”

Litigation 52

Litigation Jury Selection Depositions Closing Argument 52

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? All because of the strength and weakness of witness testimony.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

WA Bar News

SEPTEMBER 11, 2024

7 CR 37, in turn, addresses sanctions for a broad spectrum of discovery misconduct ranging from incomplete answers to discovery requests to the failure to comply with discovery orders. In addition to CR 11 and CR 37, see also CR 26(g) (certifications on discovery responses), Fed. 2d 130, 916 P.2d 2d 411 (1996).

Discovery 93

Discovery Arbitration Pleadings Litigation 93

Planet Depos

DECEMBER 15, 2024

The statement of claim informs the respondent of the alleged facts, but it does not include evidence. Discovery and inspection- Each party provides a list of documents relevant to the arbitration. Present evidence- The evidence is written down and given to the arbitrator to review before the hearing.

Arbitration 52

Arbitration Evidence Litigation Witnesses 52

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. ” But when California's legislature introduced the Secondary Evidence Rule ( see Cal. "Be sincere, Be Brief, Be seated.

Admissibility 52

Admissibility Evidence Exhibits Objections 52

CaseFox

SEPTEMBER 30, 2023

This entails gathering every piece of evidence, ranging from medical records to eyewitness accounts. Discovery Phase: Unveiling Hidden Truths Picture the discovery phase as a thorough spring cleaning where you dig through old trunks to find hidden treasures. The discovery process is important for your case.

Jury Selection 52

Jury Selection Discovery Evidence Witnesses 52

3 Geeks and a Law Blog

OCTOBER 16, 2023

She founded ClearBrief in 2020 to leverage AI to analyze documents and suggest relevant evidence and citations to streamline drafting. By uploading case documents and discovery materials, the AI can pull facts and quotes directly from the record to support legal arguments in the brief. Like we’re I love the strategy. And we won.

Evidence 110

Evidence Exhibits Litigation Technology 110

Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

“By failing to prepare, you are preparing to fail” Benjamin Franklin In our office, my law partner and wife, Lita Barnett Luvera, legal responsibilities included preparing clients and witness for their deposition. The other lawyers relied upon her for the preparation and she was very good at it. Or, at best, a poor performance.

Depositions 100

Depositions Interrogatories Witnesses Exhibits 100

CaseFox

MAY 23, 2023

They work closely with clients to assess the strengths and weaknesses of their cases, develop legal strategies, and gather evidence to support their arguments. Litigators conduct thorough legal research , draft pleadings and motions, and engage in pre-trial procedures like discovery.

Litigation 52

Litigation Cross-Examination Settlement Negotiations Legal Research 52

Jury Analyst

JULY 11, 2023

Some of the resulting psychological claims include: Cabinetmakers are meticulous and so will never be satisfied with the evidence. Impact on Attorneys During Trial Preparation Attorneys are also not immune to confirmation bias, which can affect their approach to trial preparation, jury selection, and evidence evaluation.

Voir Dire 40

Voir Dire Jury Selection Jury Deliberation Evidence 40