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

E-Discovery LLC

Initially, Simic did not produce records to Mintas that were provided pursuant to a separate non-party subpoena. 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. cleaned up).