E-Discovery LLC

JUNE 16, 2025

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.”

130

130

E-Discovery LLC

MARCH 3, 2025

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.

Evidence 130

Evidence Discovery Affidavits Pleadings 130

The Successful Lawyer

JANUARY 13, 2022

See yourself describing the important evidence in the context of your theory and theme. Visualize your rebuttal. Use this visualization exercise to help you both plan your evidence as well as the structure of your arguments. Try Your Case in Your Mind First Let your subconscious go to work for you.

Cross-Examination 40

Cross-Examination Exhibits Rebuttal Closing Argument 40

E-Discovery LLC

NOVEMBER 29, 2024

The Court set out the standard formula for spoliation – – there must be a duty to preserve, breach with a culpable state of mind, and prejudice, i.e., loss of “relevant” evidence that would have supported the claims or defenses of the discovering party. at *2; see Fed.R.Civ.P. 37(e)(for ESI).

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130