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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was permitted to authenticate a video under the silent witness theory. The Appeals Court disagreed and affirmed, applying the silent witness doctrine. State, 487 Md.

Witnesses 130
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Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

E-Discovery LLC

13, 2025)(unreported), [1] sanctions were imposed for failure to comply with discovery milestones in a scheduling order. Further: Where the asserted scheduling order violation involves a discovery failure, the trial court has wide discretion to determine what sanction, if any, is appropriate. Hyde , 2025 WL 79685 (Appl. July 9, 2023).

Discovery 130
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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

This framework would allow both parties to raise AIM-related issues before the trial begins, giving experts time to analyze the content in question. Expert Testimony and Forensic Analysis: The paper emphasizes the role of expert witnesses in helping courts distinguish between real and AI-generated evidence.

Evidence 111
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DEPOSITION OUTLINE OF A MEDICAL MALPRACTRICE DEFENSE EXPERT

Plaintiff Trial Lawyer Tips

There are a volume of available ideas and outlines for the discovery deposition of a medical malpractice expert including advice to not take the deposition at all in some circumstances. GENERAL BIAS 1. Involvement in this Case: (1) HOW BECAME INVOLVED IN THIS CASE (2) INVOLVEMENT WITH EXPERT WITNESS AGENCY?

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What’s New in eDiscovery Pricing? Summer 2024 Market Report

Complex Discovery

Editor’s Note: The Summer 2024 eDiscovery Pricing Survey by ComplexDiscovery OÜ, conducted in partnership with the Electronic Discovery Reference Model (EDRM) , now in its twelfth edition, continues to provide an invaluable resource for understanding the pricing dynamics within the eDiscovery ecosystem. of respondents.

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Courts at the Crossroads: Confronting AI-Generated Evidence in the Age of Deepfakes

Complex Discovery

Rule 901 requires only a minimal threshold for authenticationtypically, testimony that a witness recognizes the voice or content. In one experiment, subjects shown fabricated video evidence not only accepted the false information but later recalled it as something they had directly witnessed. The consequences are twofold.

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Jacqueline Schafer on Writing Briefs at the Speed of AI: How ClearBrief is Transforming Legal Drafting

3 Geeks and a Law Blog

By uploading case documents and discovery materials, the AI can pull facts and quotes directly from the record to support legal arguments in the brief. So if a witness was like, Well, yesterday was walking down the street, and then you know, I saw something happen. So with ClearBrief, it’s a Microsoft Word add in.

Evidence 110