Remove Burden Of Proof Remove Cross-Examination Remove Rebuttal
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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

A motion for a forensic examination was granted in PlayUp, Inc. While the producing party’s failures were epic, the thoughtful discussion of the governing standard for forensic examinations is important. Mintas moved to compel or for a forensic examination. Mintas later filed a second motion for forensic examination. “In

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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

Where the alleged spoliator acted either willfully or in bad faith, relevance is presumed; however, the presumption is rebuttable. see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul. 21, 2021); Burden of Proof of Spoliation (Dec.