Remove Burden Of Proof Remove Discovery Remove Evidence
article thumbnail

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

This was the “umpteenth” discovery issue in a dispute that arose over a commercial acquisition deal that “went south.” These circumstances are no doubt personal for all involved—and the case involves a lot of money—which has spawned a contentious discovery process. Mintas moved to compel or for a forensic examination.

article thumbnail

Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. It insists that it is not conducting unchecked discovery.”

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Pro Se Renewed Motion for Sanctions is Denied

E-Discovery LLC

It wrote: The Court has ordered production of the redacted materials, which has been completed and, as the pending motion and exhibits thereto make clear, Mr. Adams-Devonish now has the benefit of the discovery he sought. Second , the movant failed to carry the burden of proof under Fed.R.Civ.P.

article thumbnail

“Apex” Depositions of High Government Officials Under the “Morgan” Doctrine

E-Discovery LLC

When ruling on protective orders for executive depositions, courts generally ask whether: (1) the official has unique personal knowledge of the disputed matter; (2) the information can be collected through less intrusive discovery methods; and (3) the deposition unduly interferes with the officer’s professional duties. Johnson , 199 Md.

article thumbnail

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion.

article thumbnail

Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

Discovery is the process by which parties exchange information and evidence. The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. It’s also described as the “balance of probabilities.”

article thumbnail

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence. Direct and Circumstantial Evidence The evidence that has been presented to you may be either direct or circumstantial. One broadcast applied the logic of circumstantial evidence.