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

E-Discovery LLC

DECEMBER 21, 2024

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. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid.

Admissibility

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses

Evidence at Trial

DECEMBER 17, 2021

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Chambers' objections and denied the motion. What if the documents are lost or missing?

Evidence

E-Discovery LLC

MAY 27, 2024

Stanford did not object; to the contrary, Stanford conceded that the footage could be properly authenticated through Detective Ohmstede and that the footage was “admissible evidence.” Initially, the Court held that the stipulation to the video’s admissibility waived the objection. Rule 4-263(n).

Discovery

E-Discovery LLC

SEPTEMBER 4, 2024

The defendants’ objection is overruled, and the requested documents are to be produced within the next 14 days. That is because, in this Title VII case, the evidence considered by a peer review committee lay “at the heart” of the claim. They are not an appropriate basis on which to base a discovery objection. 7, 2022).

Discovery

E-Discovery LLC

APRIL 10, 2025

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. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered.

Discovery

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence

E-Discovery LLC

MAY 11, 2025

Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. The court wrote that: Defendants allege that Vi3 intentionally deleted seven employees email accounts that contained relevant evidence shortly before filing this action.

Discovery

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. 1] __ [1] The court addressed boilerplate objections in detail, id. The Norcold court addressed a number of other issues. [1] at *6, among other issues.

Discovery

E-Discovery LLC

JULY 3, 2024

Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. Ferko’s request for sanctions, struck Mr. Ferko’s complaint, and precluded testimony and evidence related to the issues of marital property, alimony, and attorney’s fees. Prior to trial, the trial court granted Ms.

Discovery

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. They understand that every stage of trial should have the same objective: to argue your case to the jury. But would it be admissible?

Admissibility

Securities Docket

MARCH 20, 2025

A three-judge panel for the Second Circuit court of appeals rejected Buyers appeal of his conviction, ruling in a summary order that he failed to timely object to the admission of challenged evidence and thus did not preserve his objections for appeal.

Telecommunications

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

Evidence

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

” As otherwise described, “[t]his theory states that, whenever two objects come into contact, an exchange of materials occurs between them.” Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). Genrich, ORDER, July 7, 2023.

Evidence

E-Discovery LLC

OCTOBER 17, 2024

It continued: “[D]eposing Mr. Nugent on conversations he had with the Town Supervisor would likely generate many privilege objections, as the attorney-client privilege could cover many of the topics the two discussed. The GLD3 decision does not discuss whether the quid pro quo offer, if any, was an inadmissible settlement proposal.

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. A failure to provide the requested information without valid objections may result in a motion to compel, a procedural mechanism through which a party seeks judicial intervention to enforce compliance.

Discovery

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

They just launch off without any particular objective other than an impeachment they have available. We need specific focused objectives thought out and planned in advance. Document the cross examination The next step is to examine the evidence and the previous testimony in the case. Otherwise the significance is lost.

Cross-Examination

Expert Witness Blog

MAY 29, 2024

The court stated that GM did not object to Bloch being qualified on the subject of automotive design and safety. The court opined that these arguments go to the weight of the evidence, not their admissibility. Second, Bloch determined that alternative designs were feasible.

Automotive

Complex Discovery

DECEMBER 8, 2024

Strategic Maneuvers and Key Challenges Key geolocated evidence reveals Russian forces capture of Novopustynka and progress near Shevchenko’s outskirts, signaling a concerted push along the T-05-15 highway towards Pokrovsk.

Technology

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].

Interrogatories

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

E-Discovery LLC

NOVEMBER 29, 2024

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). citation omitted).

Burden Of Proof

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. But with hearsay having so many exceptions, the most obvious objection may not be the most effective. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence.

Evidence

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Party admission? According to the prosecution’s evidence, Mr. Lawley had previously been robbed and beaten by a Kenneth Stewart.

Admissibility

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Harrison , 651 F.2d 2d 353, 355 (5th Cir. 1981); Gravert v.

Evidence

Forensic Psychologist

FEBRUARY 15, 2020

Judges rule that any weaknesses in his method should go to the “weight” that jurors give Dr. Harm’s opinions, rather than the admissibility of his tests. Psychological tests hold a magical allure as objective truth. Attorneys may try to challenge him in court, but their protests usually fall flat.

Evidence

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. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

Evidence

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. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

Evidence

Temple University Beasley School of Law - Advocacy

JULY 10, 2023

The constitutionally-permitted technique of seeking to prompt a confession by providing false incriminating evidence ( g. , “we have video showing you near the scene”) increases the risk of false confessions and at the least can alter a person’s memory of the event. “It A concern of yours is that Reid can lead to false confessions.

Evidence

Evidence at Trial

MARCH 30, 2023

Cross-Examining Mr. Sanderson: Logic and Common Sense In a case like Paltrow , the objective when cross-examining the adverse party is clear: to debunk the opposition’s version of events. a “rule of the road”), and then (2) getting an admission that the witness broke the rule. Paltrow is a professional actor.

Cross-Examination

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

Admissibility

E-Discovery LLC

FEBRUARY 20, 2025

In this case, we must consider whether evidence of a criminal defendant’s internet searches on abortion in the early months of her pregnancy was relevant to show her intent to kill or harm her newborn several months later at birth, or, if marginally relevant, unfairly prejudicial. 5, 2024). Akers hands. Police took Ms.

Evidence