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Relative Proportionality Argument Rejected

E-Discovery LLC

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.” That is a very rigorous process, often necessitating expert testimony.

Discovery 130
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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

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. State, 457 Md.

Witnesses 130
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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

This framework would allow both parties to raise AIM-related issues before the trial begins, giving experts time to analyze the content in question. Expert Testimony and Forensic Analysis: The paper emphasizes the role of expert witnesses in helping courts distinguish between real and AI-generated evidence.

Evidence 111
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Courts at the Crossroads: Confronting AI-Generated Evidence in the Age of Deepfakes

Complex Discovery

Rule 403 allows judges to exclude evidence when its prejudicial impact substantially outweighs its probative value, but the “substantially outweighs” standard often leaves judges erring on the side of admission. Once presented to a jury, deepfake content can irreversibly shape perceptions, even if it is later discredited.