Remove Construction Remove Evidence Remove Objections
article thumbnail

Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court

E-Discovery LLC

In pertinent part, Herman objected to the definitions in Payne’s interrogatories. Parties may use any instructions, definitions, or rules of construction that are consistent with the Federal Rules of Civil Procedure. The specifically objected to the definitions used for the terms “explain,” “document,” and “facilities.”

article thumbnail

The Many Faces of AI Bias in Legal Practice

Complex Discovery

One of the more constructive types of bias, referred to as positive-tendency bias, is an inherent part of how AI systems operate. Discriminatory bias is especially dangerous because it can mask itself behind the appearance of objectivity and automation. These systems rely on statistical models to predict likely outcomes.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

An Offeror Controls the Terms of the Offer

E-Discovery LLC

Pattison seeks to transform an after-the-fact cover letter – excluded from evidence as hearsay – into a condition precedent to contract formation. But the dissent overlooks that both parties, in their testimony, testified about and confirmed the cover letter’s contents verbatim, and without objection.

article thumbnail

Relative Proportionality Argument Rejected

E-Discovery LLC

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

article thumbnail

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

E-Discovery LLC

Given [1] the breadth and scope of Attorney XXXXs [1] ESI Requests and [2] the content and tone of the XXXX Firm ESI Plan, it is not surprising that Defense Counsel objected to the ESI protocol that Attorney XXXX was demanding be used in this case. at *5 (Emphasis added). at *9 (Emphasis added).

article thumbnail

A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. In my experience jurors have consistently objected to attorney anger, unprofessional or disrespectful conduct. The primary factors prevail over facts, evidence and logical reasoning. Emotion plays a huge role. Case framing.

article thumbnail

What Should Be Included in an Intake Form?

Lawmatics

A well-constructed intake form includes fields for a client’s basic information including name, address, contact details, and the details about the nature of their case. The more details that are requested on an intake form, the better a lawyer can qualify a lead before setting an appointment.