article thumbnail

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. Most pertinent here, the discovery rules permit a party to request to “inspect, copy, test, or sample” electronically stored information. cleaned up).

article thumbnail

Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. Legal Representation : Parties involved in civil disputes typically engage in legal representation. It’s also described as the “balance of probabilities.”

article thumbnail

A Year in Review: Joseph, Hollander & Craft 2024

Joseph, Hollander & Craft

The criminal defense teams 2024 trial results demonstrate the importance of putting the prosecution to its burden of proof.