article thumbnail

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

E-Discovery LLC

5] “The rules also require objections to interrogatories and requests for production of documents to be made with specificity.” [6] 7] “Boilerplate objections are legally meaningless and amount to a waiver of an objection.” [8] 7] “Boilerplate objections are legally meaningless and amount to a waiver of an objection.” [8]

article thumbnail

Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court

E-Discovery LLC

In pertinent part, Herman objected to the definitions in Payne’s interrogatories. This Court has also stated that unreasonable definitions may render interrogatories so burdensome that objections to the entire series should be sustained, with sanctions. Plaintiff Payne moved to compel discovery from Defendant Herman.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

E-Discovery LLC

First , the moving party must establish that there was a duty to preserve potentially relevant evidence. That duty arises “when a party reasonably should know that the evidence may be relevant to anticipated litigation.” Id. Bad faith requires that evidence be destroyed “for the purpose of depriving the adversary of evidence.”

article thumbnail

More on Apex Depositions

E-Discovery LLC

But some experts have defended the doctrine by warning about the discovery abuses that Meta alleges are at play here. Any decision that brings additional clarity will be important.

article thumbnail

No Sanctions for Breach of Duty to Preserve Video, Due to Lack of Prejudice

E-Discovery LLC

It is triggered when a potential party has “some notice that the evidence is potentially relevant to… reasonably foreseeable litigation.” In other words, the trigger analysis is objective, not subjective. Maryland’s High Court Affirms Sanction for Spoliation of Video Evidence Jan. 21, 2024). In one (remarkable?)

article thumbnail

37 Deposition Instructions For Your Witness (Updated)

Planet Depos

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a “level playing field” is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at time of trial. Be sure you understand the question.

article thumbnail

AS EVIDENCE CAUSES MORE HARM, COUNSEL’S DUTY GROWS

Temple University Beasley School of Law - Advocacy

And when 404(b) evidence is offered against an accused, effective lawyering means doing all one can to seek its exclusion, have it toned down, or ensure that the jury does no more harm with it than the law permits. The principle was stated as follows: When prior-bad-acts evidence floods the state’s case, counsel must act.