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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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Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

See yourself describing the important evidence in the context of your theory and theme. Visualize your rebuttal. Use this visualization exercise to help you both plan your evidence as well as the structure of your arguments. Try Your Case in Your Mind First Let your subconscious go to work for you.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

The Court set out the standard formula for spoliation – – there must be a duty to preserve, breach with a culpable state of mind, and prejudice, i.e., loss of “relevant” evidence that would have supported the claims or defenses of the discovering party. at *2; see Fed.R.Civ.P. 37(e)(for ESI).