Admissibility, Discovery and Objections

Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)

E-Discovery LLC

JULY 29, 2025

E-Discovery LLC (Jul. It is axiomatic that discovery responses themselves have significant evidentiary value as they constitute party admissions. But without a clear connection between the discovery requests and the corresponding responses, the discovery responses cannot be deemed reliable. Discovery Plan” (Jan.

Discovery

Discovery Litigation Admissibility Court Rules

Motion to Dismiss Filed by Judges of the U.S. District Court for the District of Maryland

E-Discovery LLC

JULY 22, 2025

And when they do, the consequences can be stark – and potentially irreversible by the Executive’s own admission [in Abrego Garcia v. The memorandum states that this stay of approximately two days is much less than the Fourth Circuit’s stay of 14-days that has been in effect for years, without objection, citing Standing Ord.

Cross-Complaint

Cross-Complaint Cross-Examination Objections Admissibility

Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

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

Discovery Cross-Examination Objections Evidence

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No Objections: Better Case Management with AI for Paralegals

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E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

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. It – surprisingly – sustained boilerplate objections. Information within this scope of discovery need not be admissible in evidence to be discoverable.” 26; see XTO Energy, Inc.

Discovery

Discovery Objections Interrogatories Pleadings

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

E-Discovery LLC

OCTOBER 9, 2024

27, 2024), “boilerplate” objections were sustained on the specific facts presented. BOILERPLATE OBJECTIONS HAVE GENERALLY BEEN CONDEMNED Boilerplate objections have generally been condemned. See General Objections, Dracula, and “Whac a Mole” (Apr. In Jacobs v. The Journal Publishing Co., 2024 WL 4333199 (D.

Objections

Objections Discovery Admissibility Interrogatories

What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

OCTOBER 15, 2024

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. Both the husband and wife sought discovery from TST. TST objected on, inter alia , lack of relevance and overbreadth. With no other factual predicate to support the objection, it was overruled. In Trusted Sci. &

Subpoenas

Subpoenas Objections Discovery Admissibility

Privilege Objections Denied Without Prejudice

E-Discovery LLC

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Specific objections are required. And, ImpactHR responded without objection. 7, 2022). [2]

Objections

Objections Subpoenas Discovery Litigation

No Sanction for Discovery Failure in Criminal Case

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

Discovery Cross-Examination Witnesses Admissibility

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

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

Discovery Objections Evidence Litigation

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. These videos were admitted into evidence without objection and were contained in about 30 video exhibits. Over objection, Lieutenant McDonald testified that he focused on one of the suspects who wore distinctive attire. State, 261 Md.

Admissibility

Admissibility Exhibits Evidence Cross-Examination

Sedona Conference Commentary on Discovery of Collaboration Platforms – What is a Document?

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

Discovery Evidence Litigation Objections

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility

Admissibility Discovery Objections Evidence

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

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

Discovery Depositions Interrogatories Settlement Negotiations

My Most Interesting Blogs From 2024

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? Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Mediation of Discovery Disputes by Courts Law Clerk?

Admissibility

Admissibility Witnesses Discovery Mediation

Divorce Complaint Stricken and Testimony Precluded as Discovery Sanction

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

Discovery Cross-Complaint Evidence Admissibility

Relative Proportionality Argument Rejected

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.” Wiegand objected. 16, 2024)(Bredar, J.),

Discovery

Discovery Objections Admissibility Expert Testimony

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

E-Discovery LLC

SEPTEMBER 1, 2024

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. Over various objections, he explained the relationship between the different clips in the composite video and identified the camera numbers, times, streets, and specific activities depicted in the clips. State , 261 Md. State, 261 Md.

Admissibility

Admissibility Witnesses Evidence Exhibits

Do You Have to Ask an Opponent for a Privilege Log?

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

Discovery Exhibits Interrogatories Objections

When Did the Duty to Preserve Arise? – At Time of Plaintiff’s Pre-Suit Investigation

E-Discovery LLC

MAY 11, 2025

Importantly: This is an objective standard, asking not whether the party in fact reasonably foresaw litigation, but whether a reasonable party in the same factual circumstances would have reasonably foreseen litigation. E-Discovery LLC v. Is Marking Documents as Work Product an Admission that the Duty to Preserve is Triggered?

Discovery

Discovery Litigation Evidence Admissibility

Consulting an Attorney Did Not Trigger the Duty to Preserve

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. The standard reasonableness is objective.

Litigation

Litigation Discovery Objections Admissibility

No Need To Hunt For Information Like Cousin Vinny. The North Dakota Rules Of Discovery Simplify The Process!

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

Discovery Interrogatories Depositions Witnesses

Can a witness authenticate a video if the video contains images that the witness did not see?

E-Discovery LLC

AUGUST 16, 2024

I pointed out that there was no specific objection by the defendant to the key question of “was that a true and accurate depiction of the events that occurred that day?” I speculated that, if there had been an objection based on a lack of personal knowledge under Md. 3] _ [1] No specific objection was made to this question. [2]

Witnesses

Witnesses Evidence Admissibility Objections

Persuasive Shortcuts: Document Summaries In Federal and California Courts

Evidence at Trial

OCTOBER 3, 2022

They understand that every stage of trial should have the same objective: to argue your case to the jury. These thousands of pages were relevant and admissible. But would it be admissible? Would we need to establish that this table was a business record to avoid a hearsay objection? Id. , § 1521(a).

Admissibility

Admissibility Evidence Exhibits Objections

Top 8 Legal AI Companies to Watch in 2024

MyCase

MAY 2, 2024

It allows you to upload your factual documents via e-discovery and case management systems to generate hyperlinked citations. EsquireTek EsquireTek leverages AI to automate legal discovery processes. The platform also offers 1-Click Objections, making it easy to add, edit, and customize objections with a single click.

Discovery

Discovery Case Management Litigation Interrogatories

Pokrovsk Under Fire: Tactical and Technological Shifts in 1,018 Days of War

Complex Discovery

DECEMBER 8, 2024

Russian forces remain committed to achieving tactical territorial gains, despite mounting costs and logistical strains, while Ukrainian resilience, bolstered by technological advancements and effective countermeasures, continues to challenge Moscow’s strategic objectives. strategic objectives.

Technology

Technology Government and Public Sector Evidence Digital Evidence

A Wake Up Call Revisited: Read the Rules & Don’t Argue “Not Reasonably Calculated” in Federal Courts

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. citation omitted]. Bartow Ins.

Interrogatories

Interrogatories Objections Discovery Admissibility

“It Ends With Us”

E-Discovery LLC

APRIL 8, 2025

In short: The Wayfarer Parties object to the fact that even as modified, the Subpoenas continue to cover call and text logs revealing the phone numbers for anyone with whom the Wayfarer Parties and other individuals communicated, regardless of whether such communication was related to the claims and defenses in this case.

Subpoenas

Subpoenas Discovery Objections Admissibility

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

NOVEMBER 29, 2024

Discovery had been conducted for almost a year and the deadlines extended three times. Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. 25, 2024)(Sullivan, J.),

Burden Of Proof

Burden Of Proof Evidence Discovery Litigation

The Indifferent Client

Joseph, Hollander & Craft

MAY 30, 2025

Without these, a lawyer might be unable to meet discovery or court-ordered submission deadlines. withdrawal route, however, is that it requires admission of a lawyers defeat by a recalcitrant client and, of course, means that the lawyer loses the representation. KRPC Rule 1.16(b) Although KRPC 1.16(b)(1) b)(1) and 1.16(b)(2)

Real Estate

Real Estate Admissibility Objections Discovery

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Admissibility of Internet Searches About Terminating Pregnancy

E-Discovery LLC

JUNE 5, 2024

The Court described the context of the internet searching as follows: At trial, the State introduced evidence, over objection, that between March of 2018 and May of 2018, Appellant performed the searches listed above using her phone. At no point during Dr. Waldrop’s testimony did Appellant make any objection or motion to strike.

Admissibility

Admissibility Evidence Voir Dire Objections

Evidence of Internet Searches About Lawful Abortion Held Inadmissible to Prove Intent to Later Kill or Harm Newborn Baby

E-Discovery LLC

FEBRUARY 20, 2025

For background on the lower courts decision, see Admissibility of Internet Searches About Terminating Pregnancy E-Discovery LLC (Jun. This blog addresses the issue of admissibility of electronically stored information – – here, internet searches – – under the Maryland evidentiary rules.

Evidence

Evidence Admissibility Discovery Exhibits

Trial Strategy Today

Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)

Motion to Dismiss Filed by Judges of the U.S. District Court for the District of Maryland

Webinars

Trending Sources

Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

Webinars

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

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

What Objections May Be Raised to a Subpoena by a Non-Party?

Privilege Objections Denied Without Prejudice

No Sanction for Discovery Failure in Criminal Case

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

Sedona Conference Commentary on Discovery of Collaboration Platforms – What is a Document?

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

My Most Interesting Blogs From 2024

Divorce Complaint Stricken and Testimony Precluded as Discovery Sanction

Relative Proportionality Argument Rejected

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

Do You Have to Ask an Opponent for a Privilege Log?

When Did the Duty to Preserve Arise? – At Time of Plaintiff’s Pre-Suit Investigation

Consulting an Attorney Did Not Trigger the Duty to Preserve

No Need To Hunt For Information Like Cousin Vinny. The North Dakota Rules Of Discovery Simplify The Process!

Can a witness authenticate a video if the video contains images that the witness did not see?

Persuasive Shortcuts: Document Summaries In Federal and California Courts

Top 8 Legal AI Companies to Watch in 2024

Pokrovsk Under Fire: Tactical and Technological Shifts in 1,018 Days of War

A Wake Up Call Revisited: Read the Rules & Don’t Argue “Not Reasonably Calculated” in Federal Courts

“It Ends With Us”

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

The Indifferent Client

Understanding Jury Duty and Misconduct in the Legal Arena

Understanding Jury Duty and Misconduct in the Legal Arena

Admissibility of Internet Searches About Terminating Pregnancy

Evidence of Internet Searches About Lawful Abortion Held Inadmissible to Prove Intent to Later Kill or Harm Newborn Baby

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