Remove Education Remove Evidence Remove Rebuttal
article thumbnail

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

The scales tip in favor of compelling forensic imaging where there exists evidence of either discrepancies in a discovery response or a failure by the responding party to produce requested information. And, yet, the response to the pending motion ignores the issue, providing no rebuttal or argument of any kind. Systems, Inc.,

article thumbnail

When Can a Court Deviate from the Child Support Guidelines?

Joseph, Hollander & Craft

The amount of child support that is calculated pursuant to the Missouri guidelines is “presumed,” but this presumption is rebuttable. Regardless, it is up to the parent who wants a higher monthly payment obligation to present the evidence and arguments in favor of it. What Does “Deviate From Guidelines” Mean?

article thumbnail

“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.