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The Researching Paralegal

Monthly Archives: January 2017

New Federal Rules in Evidence in 2017 Will Affect The Hearsay Exception and E-Discovery.

22 Sunday Jan 2017

Posted by Celia C. Elwell, RP in Authentication, Discovery, E-Discovery, Evidence, Rule 803 Exception, Rule 902

≈ Comments Off on New Federal Rules in Evidence in 2017 Will Affect The Hearsay Exception and E-Discovery.

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BakerHostetler, Carey Busen, Discovery Advocate Blog, E-Discovery, Federal Rules of Evidence, Gilbert S. Keteltas, Gregg Kettles, Hearsay, Santa Clara Law Review

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception, by Carey Busen and Gilbert S. Keteltas, BakerHostetler, Discovery Advocate Blog

http://bit.ly/2jeUNW2

If you hadn’t heard, there are changes to the Federal Rules of Evidence that will become effective in 2017. Among the changes are rules on hearsay exception for “ancient documents” and rules specifically addressing electronic evidence. Because technology is never static, e-discovery has looked forward rather than backward. These new rules will address e-discovery older than 20 years. -CCE

If wish to do more research into this area, I recommend:  Gregg Kettles, Ancient Documents and the Rule Against Multiple Hearsay, 39 Santa Clara L. Rev. 719 (1999). http://bit.ly/2jOIujM

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New and Updated GPO Style Manual.

18 Wednesday Jan 2017

Posted by Celia C. Elwell, RP in Abbreviations, Editing, Grammar, Initialisms, Legal Writing, Numbers, Punctuation, Style Manuals

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Barco 3.0: Law Library Reference, Grammar, Legal Writing, Punctuation, Style Manual

GPO Style Manual: new edition, Barco 3.0: Law Library Reference

http://bit.ly/2is1ipN

The Government Publishing Office has published a thorough and updated Style Manual, which includes rules for punctuation, grammar, abbreviations, and computer terms, among other things. You will find “New Features and Enhancements” at https://www.govinfo.gov/features/release-notes/govinfo-beta-launch.

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E-Discovery and the Law of Diminishing Returns.

14 Saturday Jan 2017

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Federal Rules of Discovery, Requests for Production

≈ Comments Off on E-Discovery and the Law of Diminishing Returns.

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2015 Amendment to Federal Rules of Civil Proceudre, E-Discovery, K&L Gates, Rule 26

Citing “Diminishing Returns,” Court Declines To Compel Additional Discovery, Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2016 WL 7208753 (W.D.N.Y. Dec. 13, 2016), Electric Discovery Law, K&L Gates

http://bit.ly/2jbEnfn

When it comes to e-discovery, how much is too much? When do you or opposing counsel reach the point where the costs outweigh the value? The 2015 amendment to the Federal Rules of Civil Procedure did much to provide more guidance on e-discovery. Rule 26 is the focus of this post.

E-discovery normally means that you and your client have spent hours and lots of money on the case. If you cannot decide when enough is enough and neither the client nor the attorney are willing to stop the bleeding, the court may do it for you. Actually, the court has a duty to stop e-discovery when it becomes redundant and the cost outweighs the value of the return. -CCE

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How Long Is Too Long For An Appellate Brief?

10 Tuesday Jan 2017

Posted by Celia C. Elwell, RP in 7th Circuit Court of Appeals, Appellate Law, Appellate Writing, Bad Legal Writing, Brief Writing, Legal Writing

≈ Comments Off on How Long Is Too Long For An Appellate Brief?

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Appellate Briefs, Debra Cassen Weiss, Judge Richard Posner, Legal Writing

Posner criticizes ‘verbosity’ in appeals briefs in decision upholding closed voir dire, by Debra Cassens Weiss, Appellate Practice, ABA Journal.com (with hat tip to William P. Statsky)

http://www.abajournal.com/news/article/posner_criticizes_verbosity_in_appeals_briefs_in_decision_upholding_verdict

Judge Richard Posner is a well-known 7th Circuit jurist, legal writing scholar, and prolific author. Knowing this, it is puzzling why the appellate briefs for both sides were over 200 pages each. Yes, Judge Posner had something to say about it. -CCE

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Voir Dire and The Internet – The Litigator’s Way of Getting To Know You.

07 Saturday Jan 2017

Posted by Celia C. Elwell, RP in Juror Questionnaires, Jury Selection, Trial Tips and Techniques, Voir Dire

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Dennis Elias, Dr. Ken Broda-Brahm, Internet, Jury Selection, Litigation Strategies Inc., Social media, Voir Dire

Getting Up Close and Personal: Using Social Media in Jury Selection, by Dennis Elias, Litigation Strategy, Inc.

http://www.litigationstrategiesinc.com/2011/09/getting-up-close-and-personal-using-social-media-in-jury-selection/

Are you more candid online than in person? Apparently, it’s true, which makes the Internet and social media a boon to litigators. Here’s why, how, and where to draw the ethical line before you go too far. -CCE

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Make Legal Writing Resolutions for 2017.

03 Tuesday Jan 2017

Posted by Celia C. Elwell, RP in Editing, Grammar, Legal Writing, Persuasive Writing, Readability

≈ Comments Off on Make Legal Writing Resolutions for 2017.

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©Now Counsel Network, Legal Writing, Lisa Solomon

3 Easy-to-Keep Legal-Writing Resolutions for 2017, by Lisa Solomon, Now Counsel Network Blog©

http://bit.ly/2hK5QTb

Made your New Year’s resolution yet? Going for the usual? This year I will lose weight, go to the gym, and swear off fried food and chocolate? No way. Giving up chocolate would take a serious toll on my mental health.

So may I recommend honing your legal writing skills as alternative? I promise there’s no gym fees, and you can eat all the chocolate you want. -CCE

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