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). Mayor & City Council of Baltimore v. Lambert , __ Md.

Objections

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. Decide how to use at trial.

Cross-Examination

E-Discovery LLC

MAY 20, 2025

In the private business context: Not surprisingly, the law surrounding apex witnesses is somewhat indeterminate. Part of the rationale is that parties should not be incentivized to force a settlement in a nuisance case by using harassing discovery. The Lambert Court wrote that the doctrine is not an absolute bar to discovery.

Depositions

CaseFox

DECEMBER 21, 2023

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.”

Litigation

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

The term “direct evidence” refers to evidence that is given by a witness who has directly perceived something at issue in this case. Remind the jury in jury selection, opening statement, witness testimony and in final argument the law only requires proof that something is more likely than not. Yet he hasn’t seen anyone.

Burden Of Proof

3 Geeks and a Law Blog

JUNE 28, 2023

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. Catch Deepfakes If You Can: Can E-Discovery Tools Keep Up With Gen AI? So yeah, that’s that’s the that’s the discovery portion of it. They are easy and inexpensive to create but difficult to detect.

Litigation