Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?
E-Discovery LLC
JULY 24, 2025
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. Most pertinent here, the discovery rules permit a party to request to “inspect, copy, test, or sample” electronically stored information. cleaned up).
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