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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).

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Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

E-Discovery LLC

45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. It is also not clear to me which party carried the burden of proof under the “apex doctrine.” One recent case placed the burden on the party claiming an exception to the doctrine. Lambert , __ Md.

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

JURY SELECTION PREPARATION  Select major liability issues, positive and negative, to discuss  Select major damage issues, positive and negative to discuss  Select major legal concepts to discuss e.g. burden of proof etc.