E-Discovery LLC

JUNE 28, 2025

. __, 2025 WL 1540660 (May 30, 2025), the defendant City claimed unfair surprise when plaintiff sought to introduce at trial photographs that the City had taken, but which plaintiff had not disclosed in discovery. In discovery, defendant asked for all photos, and any documents on which plaintiff intended to rely on at trial.

Discovery

E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. The case involved a loan gone south.

Discovery

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. It insists that it is not conducting unchecked discovery.” See The Hon.

Discovery

E-Discovery LLC

APRIL 30, 2025

E-discovery blazed across the litigation sky more than two decades ago. Ball, Electronic Discovery Workbook (2019), 47 n. E-discovery is more complex than paper discovery; but then, electric lighting is more complex than candles, and cars more complex than bicycles. Marcus, E-Discovery Beyond the Federal Rules, 37 U.

Discovery

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. He asserted self defense. Standford v. State , 416 Md.

Discovery

E-Discovery LLC

DECEMBER 11, 2024

The court described the request as rolling discovery. You may guess the result from the following statement by the court: This is not the first time the Court has admonished the parties for seeking second and third bites at discovery cherries in this case. Rolling discovery differs. The court had made two prior rulings.

Discovery

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery

Complex Discovery

OCTOBER 19, 2024

Editor’s Note: Artificial intelligence (AI) is transforming the pharmaceutical industry, offering unprecedented opportunities to accelerate drug discovery, streamline clinical trials, and fortify intellectual property (IP) strategies. Maintaining a clear chain of custody for AI-involved processes becomes crucial.

Pharmaceuticals

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery

E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” This blog was initially posted on Electronic Discovery Reference Model. 1003 and 1005. emphasis added).

Admissibility

E-Discovery LLC

JULY 3, 2024

June 28, 2024)(unreported), the intermediate appellate court affirmed a discovery sanction in a divorce action. Mrs. Ferko alleged that Mr. Ferko’s discovery responses were inadequate on the issue of marital property. Ferko then filed two more motions to compel asserting that the discovery responses were deficient.

Discovery

E-Discovery LLC

APRIL 19, 2025

Thompson I explained the 2000 change in the scope of discovery that remains in force, with some changes, today. [1] Thompson I explained the 2000 change in the scope of discovery that remains in force, with some changes, today. [1] 2001)( Thompson I ), was a class action by Baltimore public housing residents. Emphasis added].

Discovery

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? 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

E-Discovery LLC

SEPTEMBER 1, 2024

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. 2] This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more on authentication, see Authentication Article by Paul Mark Sandler (Aug. State , 261 Md. State, 261 Md. 23, 2024). [2]

Admissibility

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

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. at 187 (citation omitted). “The

Objections

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2]

Admissibility

E-Discovery LLC

JUNE 6, 2024

Thanks again to the Maryland State Bar Association for publishing my blog – – Admissibility of Internet Searches About Terminating Pregnancy | Maryland State Bar Association (msba.org) Please also see Thanks to Md. State Bar Association – E-Discovery LLC (ediscoveryllc.com) for other republished blogs.

Admissibility

E-Discovery LLC

OCTOBER 15, 2024

Both the husband and wife sought discovery from TST. The Appellate Court agreed: “ Implicitly—as with all discovery—a request that a nonparty produce documents or other tangible things is necessarily confined by the bounds of Rule 2-402(a),” which defines the scope of discovery.

Subpoenas

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery

E-Discovery LLC

MAY 11, 2025

E-Discovery LLC Designation of Work Product Supports Inference of Intentional Spoliation E-Discovery LLC Discovery About Discovery When Was Duty to Preserve Triggered? E-Discovery LLC v. E-Discovery LLC Duty to Preserve Triggered in Administrative Appeal of Employment Decision E-Discovery LLC Berman and A.

Discovery

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. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Emphasis added]. Berman, et al.,

Technology

MyCase

MAY 7, 2024

Reading, reviewing, and crafting discovery responses isn’t just tedious—it’s downright time-consuming. MyCase has partnered with Briefpoint to help firms save time on discovery documents by eliminating repetitive work required for responses. What is Briefpoint? How Does the Integration Work? Top Benefits of MyCase and Briefpoint 1.

Discovery

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Response Obligations And Motions To Compel Upon submitting a formal request for discovery, the opposing party is obliged to respond within 30 days, this timeline may be adjusted upon reasonable notice.

Discovery

E-Discovery LLC

NOVEMBER 11, 2024

I would add, in my view, that TEDCO’s admission that “some (not all)” documents were privileged was very significant. Please note that some courts have held that No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. This blog was initially posted on Electronic Discovery Reference Model. _ [1] Cf.,

Objections

E-Discovery LLC

FEBRUARY 22, 2025

the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. Defendants served discovery requests asking that plaintiff admit that she contemplated and anticipated litigation against her employer on December 12, 2022. Merck & Co., 2025 WL 429013 (N.D. Plaintiff Ms.

Litigation

Attorney at Work

JANUARY 11, 2022

With billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery. It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional.

Technology

E-Discovery LLC

DECEMBER 9, 2024

1, 2024); Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? A trial court is a gatekeeper, not an armed guard, when it comes to admissibility. Admissibility of Photogrammetric Evidence Trial Court is a Gatekeeper But Not an Armed Guard (Jun. Part 2 of 2 (Sep. Part 2 of 2 (Sep.

Witnesses

E-Discovery LLC

MAY 16, 2025

The Special Masters explanation is important, During the sanctions process, the attorneys included profuse apologies and honest admissions of fault. As a sanction, several briefs on the privilege issue were stricken and other discovery relief sought by plaintiff was denied. Cohen , 724 F.Supp.3d 3d 251, 254, 259 (S.D.N.Y Fink , 239 F.3d

Admissibility

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

Evidence at Trial

OCTOBER 3, 2022

These thousands of pages were relevant and admissible. Even assuming the other party stipulated to the documents' admissibility (they didn't), was there a clear, concise, and nonboring way to communicate the substance of this evidence to the jury? But would it be admissible? This exhibit would be clear, concise and nonboring.

Admissibility

SW&L Attorneys Blog

JUNE 18, 2024

From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. Secured from the supreme court a certificate of admission to the bar of this state; and 2. Secured an annual license therefor from the state board of law examiners.

Litigation

E-Discovery Team

SEPTEMBER 23, 2024

Judge Grimm and Professor Grossman suggest replacing "accurate" with "valid" and "reliable" to clarify the criteria for admissible evidence, as accuracy alone does not ensure reliability. The article - Part Two - discusses proposed modifications to Rule 901(b) concerning the authentication of AI-generated evidence.

Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence

E-Discovery LLC

AUGUST 16, 2024

And, after a bench conference at which the circuit court questioned whether a proper foundation had been laid for admission of the video, the prosecutor asked Mr. Zimmerman if he had watched the video and if the video was a true and accurate depiction of the events that occurred on the night of the shooting. at *15 (emphasis added).

Witnesses