E-Discovery LLC

DECEMBER 18, 2024

Boyers (or anyone elses) chat messages contain relevant evidence that was not properly preserved, and thus there is no justification for an order requiring Google to run the search terms plaintiffs propose through the documents collections for all Google custodians and witnesses. Labeling Documents as Privileged (Mar. Grimm, Michael D.

Discovery 130

Discovery Litigation Witnesses Depositions 130

E-Discovery LLC

APRIL 16, 2025

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. The duty is triggered by reasonable anticipation of litigation, even in the absence of an opponents preservation demand. Emphasis added].

Discovery 130

Discovery Litigation Witnesses Objections 130

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. This change brings with it positive aspects such as access to remote witnesses, wider adoption of technology and better work-life balance with less travel. City of Chicago, Case No. 17 C 5859 (N.D. 20, 2020)).

Depositions 363

Depositions Exhibits Witnesses Admissibility 363

E-Discovery LLC

DECEMBER 21, 2024

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? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

Civil Litigation Brief

JANUARY 5, 2025

In Director of Public Prosecutions v Surin [2025] EWHC 10 (KB) Mr Justice Mould considered issues relating to the service of witness evidence by the defendant in the claimant’s application for summary judgment. The unusual element of this action was.

Witnesses 52

Witnesses Evidence 52

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

Civil Litigation Brief

JULY 26, 2024

In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on.

Witnesses 72

Witnesses Evidence 72

IP Watchdog

AUGUST 19, 2021

While the Federal Circuit’s most recent decision, which denied the USPTO’s request to shift expert witness fees even while the appellate court vacated attorney’s fees awarded to Hyatt, could be seen as a mixed victory for Hyatt, it continues to shine a light on an unfortunate legal situation in which an independent inventor continues to be denied patent (..)

Witnesses 94

Witnesses Court Rules Evidence Litigation 94

The Cloud Court Blog

APRIL 24, 2023

Dear Litigation Friends: It is with regret that I write to inform you that you are a profoundly unreliable witness. You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended. If you take or defend witnesses with any frequency, you know this to be true.

Witnesses 52

Witnesses Litigation Depositions Motion Practice 52

Civil Litigation Brief

FEBRUARY 24, 2025

The Master observed that the witness evidence served in support of the claimant’s application went. We are returning to the judgment of Senior Master Cook in Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB).

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 18, 2024

She rejected the second defendant’s evidence based on. In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous.

Evidence 80

Evidence Witnesses 80

Civil Litigation Brief

AUGUST 26, 2024

We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

AUGUST 9, 2024

A report in Litigation Futures in August 2016 illustrates the need for “self protection” by lawyers in. The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT IT WAS ALL MY.

Litigation 59

Litigation Witnesses Insurance Evidence 59

Civil Litigation Brief

MARCH 6, 2025

In Russell v Coulter (Rev1) [2025] EWHC 493 (KB) Mr Justice Saini disallowed the calling of a witness that the claimant planned to call in an action for professional negligence. The witness statement relied upon contained opinion and inadmissible commentary..

Witnesses 59

Witnesses Evidence 59

E-Discovery LLC

APRIL 4, 2025

Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial. A Petition for a Writ of Actual Innocence (WAI) was granted and the State later dismissed the case in lieu of a retrial.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. You can move your opponent’s rog responses in evidence as the statement of a party opponent because your opponent said those facts are true. emphasis added].

Discovery 130

Discovery Interrogatories Depositions Litigation 130

Civil Litigation Brief

JUNE 26, 2024

Yesterday I wrote about the large numbers of posts about expert witnesses on this blog. These are probably matched by the cases that deal with judicial criticism of witness statements. Again this is a topic where, in choosing one post,

Witnesses 69

Witnesses Evidence 69

Civil Litigation Brief

JULY 29, 2024

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence. Other jurisdictions have similar issues in relation to experts, particularly argumentative experts. An example can be seen in.

Evidence 75

Evidence Education Witnesses 75

WA Bar News

APRIL 14, 2025

Fucile Fact witnesses can make a critical difference in a case. Their role varies with any given litigation. In one instance, the witness might be a bystander to an automobile accident who can say whether the light was green or red. First, for simplicity, we will address fact witnesses who are unrepresented.

Witnesses 52

Witnesses Depositions Evidence Real Estate 52

Civil Litigation Brief

JULY 16, 2024

On the 18th July I am giving a webinar “Drafting witness statements in high value personal injury claims: A guide for Grade C fee earners (and those who supervise them)”, booking details are available here. THE REASON FOR THE WEBINAR.

Witnesses 83

Witnesses Evidence 83

Civil Litigation Brief

FEBRUARY 10, 2025

Expert evidence plays a critical, often decisive, role in clinical negligence litigation. An ability to assess expert evidence is a key part of the litigator’s role. This webinar looks at the rules and cases that govern the credibility of expert.

Evidence 59

Evidence Litigation Witnesses 59

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues. Plaintiffs did not dispute the evidence. In In Re: Uber Technologies, Inc. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Litigation 130

Civil Litigation Brief

SEPTEMBER 13, 2024

This time looking at the issues relating to witness statements. We are returning to the judgment of Chief Master Shuman in In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch). There is a detailed consideration of the rules,

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

NOVEMBER 10, 2024

In terms of preparation of client’s case, and prospects of success, witness statements are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility.

Witnesses 52

Witnesses Legal Arguments Evidence 52

Civil Litigation Brief

JUNE 13, 2024

In Woods v Doncaster And Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB) Mrs Justice Lambert preferred the claimant’s expert evidence to that that of the defendant. This was not because either expert was unduly partisan. Rather it.

Witnesses 78

Witnesses Evidence 78

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

Civil Litigation Brief

DECEMBER 20, 2024

In Waite v Skilton & Ors [2024] EWHC 3153 (Ch) Mr Recorder Adrian Jack (sitting as a High Court Judge) considered the practical problems that can arise where a witness gives evidence at trial following service of a witness summary.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

AUGUST 16, 2024

In Gadsby v Hayes [2024] EWHC 2142 (KB) Ms Clare Ambrose (sitting as a Deputy High Court Judge) considered the evidence of witnesses in a case where the accident had happened ten years previously. The accounts given near the time.

Evidence 52

Evidence Witnesses 52

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

Civil Litigation Brief

AUGUST 12, 2024

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2024] EWHC 2098 (Comm) HHJ Pearce (sitting as a Judge of the High Court) observed that the requirements for drafting witness statements in PD57AC were “more honoured in the breach than.

Witnesses 72

Witnesses Evidence 72

Jonathan Leach LLC

OCTOBER 16, 2023

Litigation can be a complex process. That’s where litigation consulting can make a difference. With the help of Jonathan Leach, LLC, we help attorneys, parties, clients, and witnesses in El Paso present the best case possible. What is Litigation Consulting? Contact us online or call (972) 890-8482 to learn more.

Litigation 52

Litigation Jury Selection Trial Strategy Cross-Examination 52

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

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

Evidence at Trial

APRIL 26, 2023

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

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. 19, 2021). [1]

Evidence 130

Evidence Litigation Discovery Affidavits 130

Civil Litigation Brief

DECEMBER 1, 2024

The defendant did not call the one witness that had first hand knowledge of conversations and other. We are looking again at the judgment of HHJ Berkley in Melia & Anor v Tamlyn And Son ltd [2024] EWHC 3002 (Ch).

Witnesses 52

Witnesses Evidence 52

E-Discovery LLC

NOVEMBER 5, 2024

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. For example, Fed.R.Civ.P.

Admissibility 130

Admissibility Litigation Discovery Evidence 130