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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Advise witnesses of need to testify & arrange  Arrange pretrial witness preparation and review of exhibits to be used  Determine if subpoenas for any witness is needed  Decide if adverse witnesses are to be called & compel attendance.

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Court Recommends Denial of Rule 37(e)(2) Motion, While Providing Guidance Under Rule 37(e)(1)

E-Discovery LLC

Further: All attempts to subpoena or depose Mr. Roberts and/or gain access to the text messages through him has been thwarted to date by his evasiveness. In what may be dicta, the Court also wrote out the jury instruction it would have suggested if Defendants had filed a motion under Rule 37(e)(1). Emphasis added].

Evidence 130