Discovery and Witnesses - Trial Strategy Today

Discovery

Witnesses

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

E-Discovery LLC

JULY 25, 2025

clearly sets out a series of rules governing discovery disputes. At a status conference, each party asserted that the other had not adequately responded to discovery requests. This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more information on Rule 26(g), see Golden Oldie #5 – Fed.R.Civ.P.

Discovery

Discovery Objections Affidavits Expert Testimony

Request for “Discovery on Discovery” Was Overbroad; Uber Deponent Was Ordered to Bring Uber Laptop to Deposition; Discovery About Uber Information Governance Training Resolved

E-Discovery LLC

JULY 4, 2025

May 14, 2025), the court resolved discovery disputes over a corporate designee deposition under Fed.R.Civ.P. The court: Narrowed a request for “discovery on discovery”; Ordered that, with limitations, Uber’s deponent must bring an Uber laptop to the deposition; and, Addressed discovery into alleged training to overuse privilege designations.

Discovery

Discovery Depositions Litigation Witnesses

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37 Deposition Instructions For Your Witness (Updated)

Planet Depos

JUNE 17, 2025

Here are some instructions for your witness to follow during a deposition: A court reporter is present and begins the proceedings by administering the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury. As a witness you are sworn to tell the truth, and you must do so.

Depositions

Depositions Witnesses Objections Cross-Examination

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No Objections: Better Case Management with AI for Paralegals

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

E-Discovery LLC

JULY 11, 2025

They included witness interview notes and memoranda. The decision is one part of vigorously-litigated [1] discovery in a civil rights lawsuit. As part of its post-conviction investigation, MAIP created numerous documents between 2005 and 2022, including witness interview notes and internal memoranda. May 30, 2025)(Austin, J.),

Witnesses

Witnesses Subpoenas Discovery Depositions

Deposition Prep Like a Pro: Insights from a Paralegal's Playbook

Speaker: Kaitlyn "The Persnickety Paralegal" Story

This includes knowing the rules, being on top your deadlines, and being able to find that sweet spot between receiving discovery responses and expert designations. Understand how to identify key issues, potential witnesses, and relevant facts from these documents to ensure that the deposition is comprehensive and well-prepared.

Depositions

More on Apex Depositions

E-Discovery LLC

JULY 14, 2025

But some experts have defended the doctrine by warning about the discovery abuses that Meta alleges are at play here. It alleges that plaintiffs sought to depose Mr. Zuckerberg “before deposing a single other witness.” And, it asserts that several other witnesses have “relevant knowledge.”

Depositions

Depositions Witnesses Discovery Objections

Congratulations to Phil Favro on the Opening Favro Law PLLC

E-Discovery LLC

JUNE 16, 2025

It was great to hear that my friend, Phil Favro, recently opened his own law firm— Favro Law PLLC —where he offers a wide array of services, including as a Special Master, counselor on ESI and discovery issues, as well as mediation and expert witness services. Phil combines all of the attributes of someone you’d like to work with.

Discovery

Discovery Mediation Case Law Witnesses

Bad Faith Assertion of Privilege – 91% Error Rate

E-Discovery LLC

JULY 14, 2025

”Applying the clear and convincing standard, Amazon’s withholding of almost 70,000 documents until the eve of, and after, the April 25, 2025 discovery cutoff—including the documents identified above—was tantamount to bad faith.” The issue was whether Amazon acted in bad faith during discovery. Discovery closed on April 25, 2025….

Discovery

Discovery Depositions Litigation Witnesses

Strategic AI and the Shifting Role of IT in Enterprise Innovation

Complex Discovery

JULY 10, 2025

In contemporary enterprise environments, the dynamics of technology purchasing and its influence on organizational growth have witnessed significant evolution, driven by artificial intelligence (AI) and digital transformation.

Technology

Technology Witnesses Objections

Strategic Signals: May 2025 HSR Filings Reveal Steady M&A Amid Market Shifts

Complex Discovery

JUNE 10, 2025

This environment presents both challenges and opportunities for professionals in cybersecurity, information governance, and electronic discovery who serve as critical enablers of secure, compliant M&A activity. This reveals a transactional landscape characterized by measured corporate behavior and strategic recalibration.

Government and Public Sector

Government and Public Sector Technology Discovery Exhibits

Security at the Speed of AI: Managing Risks in Vibe Coding

Complex Discovery

JULY 15, 2025

Industry News – Artificial Intelligence Beat Security at the Speed of AI: Managing Risks in Vibe Coding ComplexDiscovery Staff The technology landscape in 2025 has witnessed the emergence of a transformative development methodology that is reshaping how software is created.

Technology

Technology Construction Witnesses

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

Joseph, Hollander & Craft

JULY 31, 2025

The proposed provision requires the client’s estate to compensate any lawyer in the firm who is deposed, called to testify, or required to respond to discovery in the context of legal proceedings concerning any aspect of the client’s estate plan. Sisk, Addressing Witness Coaching by Cross-Examination , 15 St.

Cross-Examination

Cross-Examination Subpoenas Discovery Witnesses

Strategic Posturing and Disinformation: A Familiar Kremlin Tactic in the Russo-Ukrainian War

Complex Discovery

JUNE 8, 2025

The air and missile domain witnessed one of the heaviest assaults in recent months. Likewise, limited engagements occurred in Kherson Oblast with Russian artillery from the 80th Arctic Motorized Rifle Brigade targeting Ukrainian positions across the Dnipro River.

Objections

Objections Legal Strategy Technology Witnesses

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

E-Discovery LLC

JULY 1, 2025

2025 WL 176001, at *1 (cleaned up; citations and quotations omitted).

Objections

Objections Depositions Burden Of Proof Litigation

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

Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request

E-Discovery LLC

DECEMBER 18, 2024

Boyers (or anyone elses) chat messages contain relevant evidence that was not properly preserved, and thus there is no justification for an order requiring Google to run the search terms plaintiffs propose through the documents collections for all Google custodians and witnesses. In my opinion, that omission was dispositive almost by itself.

Discovery

Discovery Litigation Witnesses Depositions

No Sanction for Discovery Failure in Criminal Case

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. Williams v. State , 416 Md. 670, 698 (2010).

Discovery

Discovery Cross-Examination Witnesses Admissibility

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

DECEMBER 9, 2024

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

Witnesses Expert Testimony Chain Of Custody Evidence

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

E-Discovery LLC

MAY 27, 2025

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

Discovery Interrogatories Witnesses Evidence

India-based ALSP Proxiio Expands Into U.S. Legal Market to Deliver Litigation and Corporate Services

Law Sites

MARCH 12, 2024

Proxiio says that it offers customers legal services delivered by a team of skilled lawyers with deep knowledge and experience in areas such as managed review, litigation and investigation, e-discovery, witness preparation, claims evaluation, data subject access requests (DSARs), contracts, and compliance management. Leading U.S.

Litigation

Litigation Legal Services Discovery Witnesses

Can a witness authenticate a video if the video contains images that the witness did not see?

E-Discovery LLC

AUGUST 16, 2024

Can a witness authenticate a video if the video contains images that the witness did not see? Here, the authenticating witness saw what happened before and after the shooting, as shown on the video, but he did not see the shooting that was also shown on the video. Second , the “silent witness” theory is available.

Witnesses

Witnesses Evidence Admissibility Objections

Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

NOVEMBER 12, 2024

They will require a material change in the way many attorneys practice discovery. EXPERT WITNESS DISCLOSURE It was the Work Group’s impression that many litigants tactically withhold discovery of testifying expert witnesses on the ground that no disclosure is required until a case schedule deadline.

Depositions

Depositions Discovery Objections Exhibits

My Most Interesting Blogs From 2024

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Can a witness authenticate a video if the video contains images that the witness did not see? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product?

Admissibility

Admissibility Witnesses Discovery Mediation

Court Denies Joint Motion for Entry of ESI Protocol

E-Discovery LLC

NOVEMBER 25, 2024

21, 2024), the court denied the parties’ Joint Motion for Entry of an Order Governing Discovery of Electronically Stored Information. 26(a) initial disclosures, “which do not identify a single corporate witness by name, much less the subject(s) of information possessed by each witness,” were inadequate. Discovery Plan” (Jan.

Discovery

Discovery Witnesses Manufacturing Litigation

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

E-Discovery LLC

NOVEMBER 27, 2024

45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] Second, Rule 45(d)(2)(B)(ii) protects a nonparty from any “significant expense” incurred in complying with an order to produce discovery. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena.

Subpoenas

Subpoenas Discovery Depositions Objections

The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

JULY 5, 2024

See Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video (Mar. The “silent witness theory” was used in Cleveland v. The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” State, 2024 WL 2149996 (Apls.

Evidence

Evidence Witnesses Cross-Examination Precedent

Authentication Article by Paul Mark Sandler

E-Discovery LLC

AUGUST 23, 2024

I have addressed authentication in a number of blogs: Can a witness authenticate a video if the video contains images that the witness did not see? 26(f) conference and “ESI Protocol” or discovery plan. See “ESI Protocol” v.

Cross-Examination

Cross-Examination Exhibits Evidence Witnesses

Plaintiffs Raised This Issue With the Court Too Late.

E-Discovery LLC

OCTOBER 7, 2024

Fact discovery closed a day before the court’s opinion; however, it had been extended for 14 days “for the purpose of taking depositions that couldn’t be scheduled before the discovery cut-off.” Plaintiffs’ made their proposal to Meta on August 23 rd , prior to the September 30 th milestone cutting off discovery.

Discovery

Discovery Depositions Witnesses Litigation

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

E-Discovery LLC

APRIL 16, 2025

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. I am going to follow this blog with several more blogs on older discovery decisions. citation omitted]. History is important.

Discovery

Discovery Litigation Witnesses Objections

Shutting Down Uncivil Opposing Counsel

Attorney at Work

MAY 28, 2022

They may call you or your client names, or make implied or overt threats (such as going to the court, or serving discovery requests that will make your life unbearable). In these situations, it is important that you stay calm and civil—and most importantly, do not respond in kind.

Depositions

Depositions Objections Witnesses Discovery

“No Dog in the Fight” Analysis Applies to Scope of Subpoenas in the District of Maryland

E-Discovery LLC

APRIL 4, 2025

Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial. Non-party status receives special weight and leads to an even more demanding and sensitive inquiry than the one governing discovery generally.

Subpoenas

Subpoenas Discovery Objections Witnesses

Dilatory Objections to Corporate Designee Topics Were Too Late; “Blanket” De-Designation Request Was Denied

E-Discovery LLC

OCTOBER 22, 2024

Washington “argues that NNI’s 51-topic Rule 30(b)(6) deposition notice” is overbroad and unduly burdensome, and denies that it ever agreed to prepare and produce witnesses to testify on those topics…. It cited eight topics and argued that multiple witnesses would be needed and preparation would take “many hours.” (emphasis added).

Objections

Objections Depositions Discovery Witnesses

StubHub: “The Court is not going to do that.”

E-Discovery LLC

AUGUST 16, 2024

13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery. Which side offers the sponsoring witness? But that’s not true.” emphasis added].

Discovery

Discovery Interrogatories Depositions Litigation

Order Granting In Camera Review of Work Product Claim

E-Discovery LLC

APRIL 14, 2025

Hall’s claims arise from the Defendants alleged concealment of exculpatory evidence and coercion of witness testimony during Mr. Halls 1992 murder trial. No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr. This blog was initially posted on Electronic Discovery Reference Model.

Subpoenas

Subpoenas Discovery Witnesses Depositions

Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation

E-Discovery LLC

SEPTEMBER 18, 2024

the Court addressed two important discovery issues. First , where the plaintiff designated her therapist as an expert witness on emotional distress damages, her disclosure of privileged attorney-client communications in otherwise privileged therapy sessions waived the privileges. Austin , 2024 WL 4056761 (D. 5, 2024)(Coulson, J.),

Depositions

Depositions Privileged Communication Witnesses Discovery

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

E-Discovery LLC

SEPTEMBER 1, 2024

Neither of the testifying detectives witnessed the events about which they testified. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility

Admissibility Witnesses Evidence Exhibits

PQA Says Its Discovery Failures Were ‘Legitimate Objections’ in Recent PTAB Briefing on VLSI Attorneys’ Fees Award

IP Watchdog

SEPTEMBER 6, 2023

Patent and Trademark Office (USPTO) of using the America Invents Act (AIA) process to extort money, PQA argues that its failure to respond to mandated discovery and its alleged misrepresentations regarding exclusive retainer of an expert witness should not result in an attorneys’ fees award as compensatory damages to patent owner VLSI.

Discovery

Discovery Objections Witnesses Litigation

“How many years of files is enough, and how many years is too many?”

E-Discovery LLC

MARCH 27, 2025

In all, the National Registry of Exonerations at the University of Michigan tallied more than 40 individuals who were wrongly convicted based on Guevara, partner Ernest Halvorsen, or other detectives misconduct including coerced false confessions or witness identifications through threats or violence. mandates, and do so in good faith.

Discovery

Discovery Litigation Objections Exhibits

Discovery Problems: Taking Depositions in Countries That Do Not Allow Depositions

Planet Depos

DECEMBER 15, 2024

This can obviously lead to numerous discovery problems that can make or break a case. So, what do you do if you need to depose a witness who resides in a country where depositions are not permitted? There are over 20 countries that have restrictions or prohibitions on depositions and legal discovery. Pay for the witness travel.

Depositions

Depositions Discovery Witnesses Exhibits

Criminal defendants benefit from the right of discovery

Valdosta Law Blog

NOVEMBER 21, 2023

One of the most important is the right of discovery, which applies to the state’s evidence. What is the right of discovery? They can receive a list of witnesses, reports on the analysis of physical or chemical evidence and copies of security camera footage.

Discovery

Discovery Evidence Witnesses Pleadings

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion. Decide how to use at trial.

Cross-Examination

Cross-Examination Exhibits Opening Statement Trial Preparation

No Need To Hunt For Information Like Cousin Vinny. The North Dakota Rules Of Discovery Simplify The Process!

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Response Obligations And Motions To Compel Upon submitting a formal request for discovery, the opposing party is obliged to respond within 30 days, this timeline may be adjusted upon reasonable notice.

Discovery

Discovery Interrogatories Depositions Witnesses

The Federal “Official Information” Privilege

E-Discovery LLC

JULY 8, 2024

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Wallace, “Discovery of Government Documents and the Official Information Privilege,” 76 Colum.

Affidavits

Affidavits Discovery Objections Evidence

Trust Me: Nothing in the Missing Video Would Have Helped You!

E-Discovery LLC

SEPTEMBER 10, 2024

A witness gave a written “statement,” using a “witness statement form.” A witness statement was taken and an incident report prepared. Discovery of when the duty to preserve was triggered has been permitted. Discovery About Discovery – When Was Duty to Preserve Triggered? Charter Oak Fire Ins. Transdev Svc.,

Evidence

Evidence Witnesses Discovery Litigation

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

Request for “Discovery on Discovery” Was Overbroad; Uber Deponent Was Ordered to Bring Uber Laptop to Deposition; Discovery About Uber Information Governance Training Resolved

Webinars

Trending Sources

37 Deposition Instructions For Your Witness (Updated)

Webinars

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

Deposition Prep Like a Pro: Insights from a Paralegal's Playbook

More on Apex Depositions

Congratulations to Phil Favro on the Opening Favro Law PLLC

Bad Faith Assertion of Privilege – 91% Error Rate

Strategic AI and the Shifting Role of IT in Enterprise Innovation

Strategic Signals: May 2025 HSR Filings Reveal Steady M&A Amid Market Shifts

Security at the Speed of AI: Managing Risks in Vibe Coding

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

Strategic Posturing and Disinformation: A Familiar Kremlin Tactic in the Russo-Ukrainian War

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

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

Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request

No Sanction for Discovery Failure in Criminal Case

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

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

India-based ALSP Proxiio Expands Into U.S. Legal Market to Deliver Litigation and Corporate Services

Can a witness authenticate a video if the video contains images that the witness did not see?

Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

My Most Interesting Blogs From 2024

Court Denies Joint Motion for Entry of ESI Protocol

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

The “Silent Witness” Theory of Authentication of Video Evidence

Authentication Article by Paul Mark Sandler

Plaintiffs Raised This Issue With the Court Too Late.

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

Shutting Down Uncivil Opposing Counsel

“No Dog in the Fight” Analysis Applies to Scope of Subpoenas in the District of Maryland

Dilatory Objections to Corporate Designee Topics Were Too Late; “Blanket” De-Designation Request Was Denied

StubHub: “The Court is not going to do that.”

Order Granting In Camera Review of Work Product Claim

Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

PQA Says Its Discovery Failures Were ‘Legitimate Objections’ in Recent PTAB Briefing on VLSI Attorneys’ Fees Award

“How many years of files is enough, and how many years is too many?”

Discovery Problems: Taking Depositions in Countries That Do Not Allow Depositions

Criminal defendants benefit from the right of discovery

CONSIDER A TRIAL CHECKLIST

No Need To Hunt For Information Like Cousin Vinny. The North Dakota Rules Of Discovery Simplify The Process!

The Federal “Official Information” Privilege

Trust Me: Nothing in the Missing Video Would Have Helped You!

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