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Application of Work-Product Doctrine to Materials Prepared Years After Incident

E-Discovery LLC

They included witness interview notes and memoranda. As part of its post-conviction investigation, MAIP created numerous documents between 2005 and 2022, including witness interview notes and internal memoranda. at 4 (citing In re Grand Jury Subpoena , 870 F.3d May 30, 2025)(Austin, J.), 3d at 317).

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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. May 5, 2025), For more on the “apex doctrine” outside of the context of document custodians, please see “Apex” Depositions of High Government Officials Under the “Morgan” Doctrine (May 20, 2025). Lambert , __ Md.

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Legal Ethics & Malpractice Reporter, Vol. 6, No. 7

Joseph, Hollander & Craft

The law firm found that many of its lawyers were being required to take on collateral activities, such as giving depositions, and were, presumably, having some difficulty being paid for this work from estates. Sisk, Addressing Witness Coaching by Cross-Examination , 15 St. Mary’s Journal on Legal Ethics and Malpractice 197 (2025).

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What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?

E-Discovery LLC

20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena. 45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] d)(3)(B) – A court may, on motion, ensure “that the subpoenaed person will be reasonably compensated.” Fed.R.Civ.P.

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The Deposition: What To Expect And How To Prepare

SW&L Attorneys Blog

Contributor: Lee Grossman What Is a Deposition? Attorneys do this by sending written questions called interrogatories , issuing subpoenas , and holding depositions. A deposition allows attorneys to ask questions of witnesses who provide sworn testimony under oath. A deposition is held outside the courtroom setting.

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Fair Pay: Compensating Fact Witnesses

WA Bar News

Fucile Fact witnesses can make a critical difference in a case. In one instance, the witness might be a bystander to an automobile accident who can say whether the light was green or red. First, for simplicity, we will address fact witnesses who are unrepresented. Their role varies with any given litigation. CONTEXT RPC 3.4(b)

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.