E-Discovery LLC

JULY 1, 2025

It is also not clear to me which party carried the burden of proof under the “apex doctrine.” One recent case placed the burden on the party claiming an exception to the doctrine. 2025 WL 176001, at *1 (cleaned up; citations and quotations omitted). That might also have circumvented the “apex” issue. Lambert , __ Md.

Objections

E-Discovery LLC

MAY 20, 2025

May 5, 2025), addressed the important issue of apex depositions in the governmental context. Plaintiffs, a parent and a school-age minor, in a personal injury claim against a school system sought the depositions of nine high-ranking government employees. May 19, 2025)(deposition of CFO and Senior V.P. of private entity).

Depositions

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. Supplement if needed. Index & make summary of relevant information for use at trial.

Cross-Examination

E-Discovery LLC

SEPTEMBER 22, 2024

37(e)(1) sanctions, the EEOC sought copies of litigation hold notices, dates and the names of recipients of those notices, as well as further descriptions; appointment of a forensic examiner to determine when the ESI went missing; and, a Rule 30(b)(6) deposition on the missing ESI at defendant’s expense. As Fed.R.Civ.P. May 26, 2011).

Discovery

E-Discovery LLC

NOVEMBER 29, 2024

Doe complained of alleged piecemeal document production and, after deposition, “grew concerned” that relevant documents had not been produced. see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul. 21, 2021); Burden of Proof of Spoliation (Dec. She sued officers and the Town.

Burden Of Proof