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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. And, yet, the response to the pending motion ignores the issue, providing no rebuttal or argument of any kind. cleaned up).