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The “Best Time” to File a Spoliation Motion

E-Discovery LLC

So, if there’s a legitimate concern about spoliation rooted in fact and law, then counsel should raise it with opposing counsel immediately and then fairly and accurately convey the parties’ discussion about the concern with the court at the next opportunity. Emphasis added]. Emphasis in original]. Berman, et al., State Bar Ass’n.

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“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

E-Discovery LLC

Plaintiffs correctly note that this is a boilerplate objection, and that some case law discourages the use of boilerplate objections such as these. … It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.” Mayflower Textile Servs.

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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

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. A case out of the federal courts in Texas addressed this issue head on.

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Will AI Replace Paralegals and Legal Assistants?

MyCase

Summarizing depositions: Paralegals will translate dense depositions into concise overviews that include key facts, plus any admissions or inconsistencies in the testimony. Supporting investigations: Paralegals may interview experts, gather evidence, and perform other research and investigative tasks as needed.

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Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

E-Discovery LLC

As of this writing, undersigned counsel is aware of 45 unreported opinions in the 9 years since unreported decisions of the Appellate Court became available electronically where a criminal defendant challenged admission of video footage on authentication grounds. That court has not reversed in any case. emphasis added]. Lisy Corp.