Burden Of Proof Discovery Subpoenas 
E-Discovery LLC
JULY 24, 2025
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.
E-Discovery LLC
JULY 1, 2025
45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. 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. Lambert , __ Md.
Plaintiff Trial Lawyer Tips
OCTOBER 31, 2024
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.
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