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

E-Discovery LLC

THE STANDARD AND BURDEN OF PROOF FOR FORENSIC TESTING The court held that Fed.R.Civ.P. 2] The burden of proof is on the party seeking the forensic examination. 667, and a motion to seal an exhibit, Dkt. 34(a)(1) provides a basis for a court to order a forensic examination of ESI, when appropriate.