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Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

E-Discovery LLC

JULY 25, 2025

clearly sets out a series of rules governing discovery disputes. At a status conference, each party asserted that the other had not adequately responded to discovery requests. This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more information on Rule 26(g), see Golden Oldie #5 – Fed.R.Civ.P.

Discovery

Discovery Objections Affidavits Expert Testimony

“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

MARCH 3, 2025

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence

Evidence Discovery Affidavits Pleadings

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Webinars

No Objections: Better Case Management with AI for Paralegals

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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

DECEMBER 16, 2024

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame appealed, arguing abuse of discretion in the imposition of discovery sanctions.

Discovery

Discovery Interrogatories Affidavits Pleadings

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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

JANUARY 28, 2025

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. He alleged discrepancies in the timestamps of some of the emails produced by Costco as part of the discovery. Rivera was filing meritless discovery motions.

Discovery

Discovery Expert Testimony Affidavits Evidence

The Federal “Official Information” Privilege

E-Discovery LLC

JULY 8, 2024

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Wallace, “Discovery of Government Documents and the Official Information Privilege,” 76 Colum.

Affidavits

Affidavits Discovery Objections Evidence

Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence

Evidence Discovery Litigation Affidavits

Order Granting In Camera Review of Work Product Claim

E-Discovery LLC

APRIL 14, 2025

Hall’s claims arise from the Defendants alleged concealment of exculpatory evidence and coercion of witness testimony during Mr. Halls 1992 murder trial. No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr. This blog was initially posted on Electronic Discovery Reference Model.

Subpoenas

Subpoenas Discovery Witnesses Depositions

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

Evidence Jury Instructions Discovery Affidavits

Geofence Search Warrant Held Valid

E-Discovery LLC

JUNE 28, 2024

The police affidavit stated: Based on that information, the affiant requested permission to search Google’s business records for “anonymized DeviceID data” of cell phone users that reported a location within a 100-meter radius of the main residence of the [victim’s] Frederick Road property between April 3 and April 11, 2020.

Affidavits

Affidavits Witnesses Evidence Discovery

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

E-Discovery LLC

MAY 22, 2025

No DNA, fingerprint, or other forensic evidence was recovered from which to identify a suspect. In the probable cause affidavit: The detective supplied to the court the geographic coordinates of the gas service station and the fourteen-minute time window corresponding to the crime as recorded by the store surveillance camera.

Evidence

Evidence Witnesses Forensic Evidence Technology

Do You Really Need to Ask for Metadata?

Joshua Gilliland

FEBRUARY 23, 2016

The Court held it would be unduly burdensome for the Producing Party to produce the ESI with metadata after originally producing the discovery as paper. AutomationDirect.com, Inc., McSparran, at *11. I think there is a strong argument that ESI without metadata is not in a reasonably useable form, as it hinders document review.

Affidavits

Affidavits Objections Discovery Evidence

Texas Upholds Narrow Geofence Warrant After Melee Resulted in Murder

E-Discovery LLC

APRIL 9, 2025

The affidavit requesting the warrant described Googles capabilities and asserted that it was likely that at least one of the four suspects had an Android device. This blog was initially posted on Electronic Discovery Reference Model. Step 3 required disclosure of subscriber information for those identified as relevant.

Affidavits

Affidavits Witnesses Evidence Precedent

Requests for “Tower-Dump” or “Tower-Extraction” Search Warrants Declined Under Geofence Precedent

E-Discovery LLC

MARCH 7, 2025

See Keeping an Eye on Geofence Warrants E-Discovery LLC (Jan. Geofence Search Warrant Held Valid E-Discovery LLC (Jun 28, 2024). Henderson, it wrote that the government will always seek a larger database because by definition there will be evidence of crime in that larger set.

Precedent

Precedent Government and Public Sector Discovery Evidence

En Banc Fourth Circuit Geofence Decision is Splintered

E-Discovery LLC

MAY 7, 2025

In this case, Detective Hylton swore an affidavit for a geofence warrant for Google users location history. Addressing the request for a categorical invalidation of geofence warrants, Judge Wilkinson wrote: Excluding this evidence from trial gives these criminals, in the words of the Supreme Court, a get-out-of-jail-free card.

Precedent

Precedent Technology Evidence Affidavits

Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

E-Discovery LLC

FEBRUARY 22, 2025

They submitted evidence and the Judge reviewed it. 1] Importantly, after consideration of all of the evidence submitted and a motions hearing, Judge Vargas held that there was good cause to extend the Modified TRO while it considered the arguments presented by the parties. 1144, 2025 WL 435411 (S.D.N.Y. Lets start with one basic fact.

Affidavits

Affidavits Evidence Litigation Witnesses

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

JUNE 28, 2023

Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. But progress on all fronts is slow while threats escalate quickly.

Litigation

Litigation Education Evidence Technology

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

Webinars

Trending Sources

Two Recent Decisions Imposing Sanctions for Discovery Failures

Webinars

Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

The Federal “Official Information” Privilege

Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

Order Granting In Camera Review of Work Product Claim

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Geofence Search Warrant Held Valid

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

Do You Really Need to Ask for Metadata?

Texas Upholds Narrow Geofence Warrant After Melee Resulted in Murder

Requests for “Tower-Dump” or “Tower-Extraction” Search Warrants Declined Under Geofence Precedent

En Banc Fourth Circuit Geofence Decision is Splintered

Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

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