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Amending a Complaint Does Not Circumvent a Prior Sanctions Order Barring “Claims” Evidence

E-Discovery LLC

The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. It also precluded them from introducing evidence at trial if the evidence was the subject of unanswered discovery requests. emphasis added].

Evidence 130
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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence 130
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Creating an Appellate Record of Audio, Audiovisual, or Video Evidence

E-Discovery LLC

The Reporter’s Note to Proposed Rule 1-322(a)(filing of pleadings and motions), states: “Proposed new subsection (a)(6) authorizes digital media, as defined by Rule 1- 202, to be transmitted using a digital storage platform approved by the State Court Administrator.” It could then be considered on appeal.

Evidence 130
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Golden Oldie #4 – What Does it Mean to Limit Discovery to the “Claims and Defenses” Instead of the “Subject Matter” Involved in the Action?

E-Discovery LLC

Further, it seems clear that the most valuable reference to use in implementing the new change in the scope of discovery is the pleadings that have been filed, as that is where the claims and defenses are stated. However, the pleadings are only the starting place. Emphasis added]. citation omitted]. See Fed.R.Civ.P. 26(b)(1).

Discovery 130
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THE CURRENT IMPORTANCE OF PLEADINGS 3: EXPERT EVIDENCE WAS NOT NECESSARY, NOT PROPORTIONATE AND DID NOT REALLY RELATE TO THE PLEADED ISSUES

Civil Litigation Brief

There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’

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LITIGATION “WHACK-A-MOLE” – THE MOVING TARGET AND POOR PLEADINGS – IN A CASE ABOUT ALLEGEDLY POOR PLEADINGS

Civil Litigation Brief

This was a case alleging that the defendant barrister had pleaded a case badly. We are looking again at the judgment of Mr Justice Saini inIsrael Russell v Barry Coulter[2025] EWHC 493 (KB). The claim was rejected. However it is.

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THE CURRENT IMPORTANCE OF PLEADINGS 5 : THE CLAIMANT CAN’T NOW ARGUE SOMETHING CONTRARY TO HIS OWN PLEADED CASE

Civil Litigation Brief

We are looking at another case in which the pleadings played a significant part. In Daniel Maurice Wagner v Bright Station Ventures Management Limited [2025] EWHC 669 (KB) Mr Justice Sweeting rejected an argument from the claimant that was contrary.