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Golden Oldie #4 – What Does it Mean to Limit Discovery to the “Claims and Defenses” Instead of the “Subject Matter” Involved in the Action?

E-Discovery LLC

Further, it seems clear that the most valuable reference to use in implementing the new change in the scope of discovery is the pleadings that have been filed, as that is where the claims and defenses are stated. However, the pleadings are only the starting place. Emphasis added]. citation omitted]. See Fed.R.Civ.P. 26(b)(1).

Discovery 130
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E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

E-Discovery LLC

Information within this scope of discovery need not be admissible in evidence to be discoverable.” While construing relevance broadly, this Court is anchored by the parties’ pleadings. “To 26 advisory committee’s notes to 2000 amendment. H & M Henner & Mauritz, L.P., 3818 (JLC), 2016 WL 4742334, at *2 (S.D.N.Y.

Discovery 130
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In Jail Before Your Trial? Know Your Rights.

Practice of Law

If you made incriminating statements about the drug crime to the wired informant, those statements would not be admissible against you in court, because they’re illegally coerced under the Constitution. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt? Know Your Rights. appeared first on.

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3 ways that people successfully fight drunk driving charges

Valdosta Law Blog

However, a surprisingly large percentage of those facing criminal charges in the United States opt to plead guilty. There is no guarantee of leniency from a judge just because someone pleads guilty.

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WARNING: YOUR OPENING STATEMENT OR CLOSING ARGUMENT MAY BE USED AGAINST YOU

Temple University Beasley School of Law - Advocacy

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. MacDonald v. GMC , 110 F.3d 3d 337, 340 (6 th Cir.

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When is a search leading to a drug charge a legal search?

DAPHNE ALABAMA CRIMINAL DEFENSE BLOG

People often consider pleading guilty even if they insist that they did not actually break the law. If police officers did not abide by these rules, then the evidence that they discovered may not be admissible during a criminal trial. They worry that going to trial will put them at risk for major penalties.

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Rhymes and Crimes: Fourth Circuit Uses Rap Lyrics as Evidence in Drug Trafficking Case

Practice of Law

He pleaded not guilty and proceeded to a three-day trial. He raised several objections on appeal, but we’ll focus on two: his challenge to the sufficiency of the evidence and to the admission of his song lyrics as evidence. Watkins was charged with possession of eutylone with the intent to distribute it – a crime under federal law.