Court Rules, Discovery and Objections

Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court

E-Discovery LLC

JULY 31, 2025

The court cited a local rule that prohibits use of definitions in interrogatories without leave of court. Plaintiff Payne moved to compel discovery from Defendant Herman. In pertinent part, Herman objected to the definitions in Payne’s interrogatories. For example, Local Civil Rule 26.3 Sports Center Co.,

Interrogatories

Interrogatories Discovery Objections Litigation

Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)

E-Discovery LLC

JULY 29, 2025

Several years ago, I wrote a blog titled Does Rule 34(b)(2)(E)(i) Mandate “Document Correlation” When ESI is Produced and, If So, Does Metadata Provide a “Work-Around” to Avoid the Costs of That Correlation Process? – E-Discovery LLC (Jul. Rule 34(b) is amended to ensure similar protection for [ESI].”). Discovery Plan” (Jan.

Discovery

Discovery Litigation Admissibility Court Rules

The Quiet Force Behind Successful Outcomes: Pretrial Motions

Joseph, Hollander & Craft

JULY 23, 2025

They must also be drafted in accordance with applicable statutes and court rules. Motion in Limine: While a motion to suppress is typically based on constitutional objections, a motion in limine – which also asks a court to limit or exclude certain evidence – is based on evidentiary concerns.

Pretrial Motions

Pretrial Motions Evidence Discovery Legal Strategy

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Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

E-Discovery LLC

JUNE 28, 2025

. __, 2025 WL 1540660 (May 30, 2025), the defendant City claimed unfair surprise when plaintiff sought to introduce at trial photographs that the City had taken, but which plaintiff had not disclosed in discovery. In discovery, defendant asked for all photos, and any documents on which plaintiff intended to rely on at trial.

Discovery

Discovery Cross-Examination Objections Evidence

Do You Know About the “Touhy” Regulations?

E-Discovery LLC

JULY 28, 2025

The government argues that Plaintiffs’ motion should be denied because Plaintiffs “made no attempt to comply with the Touhy process.” … The government contends that “[f]ailure to engage in the Touhy process renders a discovery request unenforceable.” The court wrote: The Federal Housekeeping Statute, 8 U.S.C. § See 6 C.F.R.

Discovery

Discovery Subpoenas Court Rules Objections

When Can a Court Deviate from the Child Support Guidelines?

Joseph, Hollander & Craft

JULY 10, 2025

A Brief Overview of Missouri’s Child Support Model Missouri family courts determine a parent’s monthly obligation by using a child support calculator which incorporates a number of statutory factors and references child support guidelines established by Missouri Supreme Court rule.

Finance and Banking

Finance and Banking Subpoenas Mediation Rebuttal

An Offeror Controls the Terms of the Offer

E-Discovery LLC

AUGUST 1, 2025

So even if the substance of the cover letter constituted hearsay, any objection on that basis was waived, as its contents were in evidence and undisputed. Case Dismissed for Filing 16 Minutes After Midnight – E-Discovery LLC Another Cinderella Situation –Motion Denied as Untimely? – He later sought to enforce the agreement.

Discovery

Discovery Objections Precedent Evidence

Litigants Can’t Agree; Judge Entered an ESI Protocol; Party Objected to It; Objections Overruled

E-Discovery LLC

MAY 17, 2025

When they were unable to do so, they submitted competing suggestions, and, the United States Magistrate Judge then issued a Protocol and Order Governing Discovery (the ESI Order) establishing such a protocol. The City Defendants objected to the ESI Order. The objection was overruled. In Rayome v. Fed.R.Civ.P.

Objections

Objections Litigation Discovery Evidence

Spoliation Discovery Permitted

E-Discovery LLC

FEBRUARY 23, 2025

7, 2025), the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. The court permitted spoliation interrogatories. Plaintiffs supplemental response stated: Plaintiff objects to this interrogatory as compound. Merck & Co., 2025 WL 429013 (N.D.

Discovery

Discovery Interrogatories Objections Court Rules

Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

FEBRUARY 21, 2025

Defendants objected. As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. Discovery About Discovery, 37 U.Balt.L.Rev.

Discovery

Discovery Litigation Privileged Communication Court Rules

Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 26(c)(1)(A)-(B).

Discovery

Discovery Arbitration Litigation Mediation

An ESI Protocol Saved the Day for the Discovering Party

E-Discovery LLC

APRIL 18, 2025

9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The court also addressed what it considered to be a dump truck production. For example, the United States District Court for the District of Maryland has posted Appendix 2.2,

Objections

Objections Discovery Depositions Court Rules

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

E-Discovery LLC

MARCH 26, 2025

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.

Discovery

Discovery Objections Litigation Healthcare

Court-Ordered Production of a “Destruction/Unavailable” Log

E-Discovery LLC

OCTOBER 18, 2024

The court wrote that: The Document Requests called for Bedford to produce documents in a specified format consistent with the Stipulated Protective Order and the E-Discovery Stipulation and to provide specified information regarding responsive documents that were destroyed, lost or otherwise unavailable (“destruction/ unavailable log).

Discovery

Discovery Objections Litigation Trial Preparation

An ESI Protocol Saved the Day for the Discovering Party

E-Discovery LLC

APRIL 15, 2025

9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The court also addressed what it considered to be a dump truck production. For example, the United States District Court for the District of Maryland has posted Appendix 2.2,

Discovery

Discovery Objections Depositions Court Rules

Golden Oldie #1 – Is a Preservation Letter Necessary to Trigger an Opponent’s Duty to Preserve?

E-Discovery LLC

APRIL 16, 2025

In Thompson II , certain defendants failed fully to produce emails after the Court ruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails. citation omitted].

Discovery

Discovery Litigation Witnesses Objections

Another Text Message String Case

E-Discovery LLC

MAY 23, 2025

The court recited the general principles governing discovery and requests for production. Absent contrary evidence, courts will defer to the reasonable efforts and good faith representations by the parties. This blog was initially posted on Electronic Discovery Reference Model. _ [1] Ms. Milne , 2025 WL 1374125, at *2.

Discovery

Discovery Evidence Court Rules Objections

Agreement in ESI Protocol to Produce All “Hits,” Without Review

E-Discovery LLC

MARCH 4, 2025

The discovery disputes presented in Rouse did not involve that part of the ESI Protocol. It held that the Spivey agreement to run negotiated search terms does not waive the responding partys objections to producing nonresponsive documents. Likewise, dont assume the Court shares your interpretation of the protocol. 14, 2022).

Discovery

Discovery Objections Court Rules Insurance

Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

JUNE 11, 2024

In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. All objections shall be concise and must not suggest or coach answers from the deponent. Washington RPC 4.4(a)

Depositions

Depositions Witnesses Objections Discovery

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

APRIL 22, 2023

23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.” Much of the costs were charges from an e-discovery vendor to collect and search electronically stored information (ESI) , including e-mails relating to Cardinal.

Subpoenas

Subpoenas Discovery Litigation Court Rules

Legal Turmoil in the Pharmaceutical Industry: AbbVie, Purdue, and Beyond

Complex Discovery

JULY 12, 2024

Supreme Court to protect its corporate records from disclosure, citing a lower court ruling that challenges the sanctity of attorney-client privilege. Judge Ozerden dismissed these challenges, suggesting the law aligns with Section 340B’s objective of ensuring accessible medications for underserved populations.

Pharmaceuticals

Pharmaceuticals Settlement Negotiations Litigation Mediation

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

E-Discovery LLC

MAY 22, 2025

In NJ Court Rules Police Geofence Warrants Are Constitutional (Bloomberg Law May 20, 2025), Alex Ebert reported that a New Jersey intermediate appellate court upheld a geofence warrant, within specified limits. Clients can network their databases, such as when a private entity grants access to its local police department.

Evidence

Evidence Witnesses Forensic Evidence Technology

A Wake Up Call Revisited: Read the Rules & Don’t Argue “Not Reasonably Calculated” in Federal Courts

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. Rule 33 Advisory Comm. Bartow Ins.

Interrogatories

Interrogatories Objections Discovery Admissibility

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information. Their presence alone commands a certain decorum.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information. Their presence alone commands a certain decorum.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Discovery Rulings in Abrego-Garcia v. Noem Deportation Case

E-Discovery LLC

APRIL 23, 2025

plaintiffs notified the Court of seemingly intractable discovery disputes. The case is before the District Court after the United States Supreme Courts ruling in Noem v. Initially, the Court addressed four general objections. Then it considered several specific objections. 22, 2025)(Xinis, J.),

Discovery

Discovery Interrogatories Objections Court Rules

Admissibility of Internet Searches About Terminating Pregnancy

E-Discovery LLC

JUNE 5, 2024

The Court described the context of the internet searching as follows: At trial, the State introduced evidence, over objection, that between March of 2018 and May of 2018, Appellant performed the searches listed above using her phone. At no point during Dr. Waldrop’s testimony did Appellant make any objection or motion to strike.

Admissibility

Admissibility Evidence Voir Dire Objections

Trial Strategy Today

Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court

Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)

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The Quiet Force Behind Successful Outcomes: Pretrial Motions

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Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

Do You Know About the “Touhy” Regulations?

When Can a Court Deviate from the Child Support Guidelines?

An Offeror Controls the Terms of the Offer

Litigants Can’t Agree; Judge Entered an ESI Protocol; Party Objected to It; Objections Overruled

Spoliation Discovery Permitted

Another Approach to Drafting and Discovery of Litigation Hold Notices

Discretionary Stay of Discovery Pending Decision on Dispositive Motion

An ESI Protocol Saved the Day for the Discovering Party

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

Court-Ordered Production of a “Destruction/Unavailable” Log

An ESI Protocol Saved the Day for the Discovering Party

Golden Oldie #1 – Is a Preservation Letter Necessary to Trigger an Opponent’s Duty to Preserve?

Another Text Message String Case

Agreement in ESI Protocol to Produce All “Hits,” Without Review

Deposition Misconduct: Rules, Risks, and Remedies

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Legal Turmoil in the Pharmaceutical Industry: AbbVie, Purdue, and Beyond

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

A Wake Up Call Revisited: Read the Rules & Don’t Argue “Not Reasonably Calculated” in Federal Courts

Understanding Jury Duty and Misconduct in the Legal Arena

Understanding Jury Duty and Misconduct in the Legal Arena

Discovery Rulings in Abrego-Garcia v. Noem Deportation Case

Admissibility of Internet Searches About Terminating Pregnancy

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