Remove Burden Of Proof Remove Litigation Remove Rebuttal
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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

The court continued: This honor system for discovery works in the overwhelming majority of cases, but the word of a litigation opponent is not sufficient in every case. 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.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

Once a party reasonably anticipates litigation, it is obligated to implement a ‘litigation hold’ to ensure that potentially relevant evidence under its control is identified, located, and preserved for use in the anticipated litigation….” see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul.