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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).

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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

Where the alleged spoliator acted either willfully or in bad faith, relevance is presumed; however, the presumption is rebuttable. see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul. 21, 2021); Burden of Proof of Spoliation (Dec.