E-Discovery LLC

JULY 5, 2024

See Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video (Mar. The “silent witness theory” was used in Cleveland v. The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” State, 2024 WL 2149996 (Apls.

Evidence 130

Evidence Witnesses Cross-Examination Precedent 130

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

NOVEMBER 25, 2024

21, 2024), the court denied the parties’ Joint Motion for Entry of an Order Governing Discovery of Electronically Stored Information. 26(a) initial disclosures, “which do not identify a single corporate witness by name, much less the subject(s) of information possessed by each witness,” were inadequate. Discovery Plan” (Jan.

Discovery 130

Discovery Witnesses Manufacturing Litigation 130

E-Discovery LLC

NOVEMBER 27, 2024

45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] Second, Rule 45(d)(2)(B)(ii) protects a nonparty from any “significant expense” incurred in complying with an order to produce discovery. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena.

Subpoenas 130

Subpoenas Discovery Depositions Objections 130

E-Discovery LLC

AUGUST 23, 2024

I have addressed authentication in a number of blogs: Can a witness authenticate a video if the video contains images that the witness did not see? 26(f) conference and “ESI Protocol” or discovery plan. See “ESI Protocol” v.

Cross-Examination 130

Cross-Examination Exhibits Evidence Witnesses 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

Attorney at Work

MAY 28, 2022

They may call you or your client names, or make implied or overt threats (such as going to the court, or serving discovery requests that will make your life unbearable). In these situations, it is important that you stay calm and civil—and most importantly, do not respond in kind.

Depositions 235

Depositions Objections Witnesses Discovery 235

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…. It cited eight topics and argued that multiple witnesses would be needed and preparation would take “many hours.” (emphasis added).

Objections 130

Objections Depositions Discovery Witnesses 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. Which side offers the sponsoring witness? But that’s not true.” emphasis added].

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

SEPTEMBER 18, 2024

the Court addressed two important discovery issues. First , where the plaintiff designated her therapist as an expert witness on emotional distress damages, her disclosure of privileged attorney-client communications in otherwise privileged therapy sessions waived the privileges. Austin , 2024 WL 4056761 (D. 5, 2024)(Coulson, J.),

Depositions 130

Depositions Privileged Communication Witnesses Discovery 130

E-Discovery LLC

SEPTEMBER 1, 2024

Neither of the testifying detectives witnessed the events about which they testified. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

IP Watchdog

SEPTEMBER 6, 2023

Patent and Trademark Office (USPTO) of using the America Invents Act (AIA) process to extort money, PQA argues that its failure to respond to mandated discovery and its alleged misrepresentations regarding exclusive retainer of an expert witness should not result in an attorneys’ fees award as compensatory damages to patent owner VLSI.

Discovery 69

Discovery Objections Witnesses Litigation 69

Planet Depos

DECEMBER 15, 2024

This can obviously lead to numerous discovery problems that can make or break a case. So, what do you do if you need to depose a witness who resides in a country where depositions are not permitted? There are over 20 countries that have restrictions or prohibitions on depositions and legal discovery. Pay for the witness travel.

Depositions 52

Depositions Discovery Witnesses Exhibits 52

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

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. One More Thing to Consider Discovery is not an end to itself. Managing E-Discovery and ESI (ABA 2011), Chap. Managing E-Discovery and ESI (ABA 2011). Emphasis added]. Berman, et al., Berman, et al.,

Technology 130

Technology Discovery Evidence Depositions 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? They can receive a list of witnesses, reports on the analysis of physical or chemical evidence and copies of security camera footage.

Discovery 52

Discovery Evidence Witnesses Pleadings 52

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

SEPTEMBER 10, 2024

A witness gave a written “statement,” using a “witness statement form.” A witness statement was taken and an incident report prepared. Discovery of when the duty to preserve was triggered has been permitted. Discovery About Discovery – When Was Duty to Preserve Triggered? Charter Oak Fire Ins. Transdev Svc.,

Evidence 130

Evidence Witnesses Discovery Litigation 130

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. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. should not be considered as evidence. Irwin (E.D.

Depositions 98

Depositions Witnesses Objections Discovery 98

E-Discovery LLC

OCTOBER 11, 2024

Parties stipulate “to save the time of the court, the expense and difficulty of producing witnesses, and for other good reasons,” and therefore “they are bound by that stipulation.” This blog was initially posted on Electronic Discovery Reference Model. Shine Home Improvements, Inc., 2024 WL 4198164, at *1 (Apls.

Discovery 130

Discovery Witnesses Litigation 130

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

The 10b-5 Daily

SEPTEMBER 11, 2023

A majority of the panel (Judge Fletcher and Judge Wallace) found that the expert report was credible and could be relied upon, even though it did not reference any internal corporate data or witness statements. Second, the plaintiffs hired an economic consulting firm, the Prysm Group, that issued a report coming to the same conclusion.

Witnesses 100

Witnesses Pleadings Discovery 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

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. Empower your own witnesses? NEWS PROVIDED BY EDRM Global, Inc. The UI can be configured.

Discovery 75

Discovery Witnesses Litigation Technology 75

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. The e-discovery issues presented by these articles and technologies are fascinating. This blog was initially posted on Electronic Discovery Reference Model.

Manufacturing 130

Manufacturing Litigation Discovery Insurance 130

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

The term “direct evidence” refers to evidence that is given by a witness who has directly perceived something at issue in this case. Remind the jury in jury selection, opening statement, witness testimony and in final argument the law only requires proof that something is more likely than not. Washington Pattern Jury Instruction 1.03

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

Complex Discovery

SEPTEMBER 11, 2024

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. For eDiscovery professionals, the stakes are particularly high.

Evidence 111

Evidence Media and Entertainment Jury Deliberation Technology 111

CaseFox

MARCH 23, 2023

This may include interviewing witnesses, reviewing medical records, and consulting experts in various fields such as accident reconstruction or medicine. Discovery: During the litigation process, both parties will engage in discovery, which involves exchanging information and evidence relevant to the case.

Depositions 97

Depositions Interrogatories Evidence Discovery 97

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. I described another one of Phil’s excellent blogs on this issue, published by Driven as “Protecting Work Product in the Age of Electronic Discovery,” in M. 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. The witness could be one of the parties to the litigation or the witness could be a non-party who has information critical to the outcome of the case.

Depositions 52

Depositions Witnesses Pretrial Motions Litigation 52

E-Discovery LLC

OCTOBER 6, 2024

Instead, he urges that HHI’s employee witnesses are not credible and had motivations to lie about whether they viewed his emails.” 27, 2021); There Is a Difference Between Relevance for Discovery and Relevance for Spoliation Sanctions (Aug. Self-Collection, Discovery About Discovery, and Curative Sanctions (Sep.

Evidence 130

Evidence Discovery Litigation Affidavits 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

Securities Docket

JANUARY 10, 2025

US Securities and Exchange Commission notes in its case against a consumer credit reporting corporation and investment fund manager are work product for litigation that cant be forced over in discovery, even if they are redacted, a federal judge ruled. Defendants Princeton Alternative Funding LLC, Microbilt Corp.,

Depositions 52

Depositions Witnesses Discovery 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

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

The Cloud Court Blog

MARCH 6, 2023

Mutual clients will enjoy deeper insights into witness testimony, greater continuity throughout the litigation process, and cost savings in large scale matters. Today, eDiscovery and managed review teams are critical to obtaining favorable outcomes, which include identifying exhibits for witness testimony.

Witnesses 52

Witnesses Depositions Litigation Exhibits 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