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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Discovery

This Is How to Redact The Mueller Report.

06 Monday May 2019

Posted by Celia C. Elwell, RP in E-Discovery, Native Format, Redaction

≈ Comments Off on This Is How to Redact The Mueller Report.

Tags

Ball in Your Court, Craig Ball, Redaction

Mueller? Mueller? More E-Discovery Lessons from Bill and Bob, by Craig Ball, Ball In Your Court

https://craigball.net/2019/04/23/mueller-mueller-more-e-discovery-lessons-from-bill-and-bob/

Is there anyone who knows and can explain e-discovery like Craig Ball? If so, I don’t know who it is. This is one is a keeper. If you think you understand how to redact a document, this post is for you. -CCE

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Judge’s Benchslap Provides Unique Resolution to Deposition Dispute.

01 Tuesday Jan 2019

Posted by Celia C. Elwell, RP in Benchslap, Depositions, Discovery, Humor, Judges

≈ Comments Off on Judge’s Benchslap Provides Unique Resolution to Deposition Dispute.

Tags

Benchslap, Discovery Disputes, Judge Nowlin, Kevin Underhill, Lowering the Bar

Parties Ordered to Conduct Deposition at State Line, Lowering the Bar, by Kevin Underhill

https://loweringthebar.net/2008/06/parties-ordered.html

Because we Oklahomans are totally fine with losing the Big 12 Championship to some other team whose name I can’t recall, this discovery dispute seemed understandable. [Sarcasm intended.] Everyone knows that, when it comes to discovery disputes, nothing is too outrageous, even if the Court adds football bragging rights to its Order.

Despite what I’m sure were sincere good faith efforts by both sides, neither could agree on the location for the corporate representative’s deposition – San Antonio, Texas, or Bentonville, Arkansas. Both refused to budge and had dug in their respective heels. The Court, when faced with an Opposed Motion for Protective Order by the Arkansas corporation, chose a unique resolution to make both parties happy. – CCE

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Be A Discovery Ace.

04 Sunday Nov 2018

Posted by Celia C. Elwell, RP in Discovery, Motion to Compel

≈ Comments Off on Be A Discovery Ace.

Tags

ABA Journal, Discovery, Katherine A. Hopkins, Motion to Compel

6 Keys to Acing Discovery, by Katherine A. Hopkins, ABA Journal

https://bit.ly/2F5iAod

Best advice in this well-written  post? Know the case law in your Motion to Compel, know the court rules and follow them to the letter, and make it easy for the judge. -CCE

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A Guide to E-Discovery Terms.

07 Saturday Jul 2018

Posted by Celia C. Elwell, RP in Concept Search Tools, Discovery, E-Discovery, Paralegals/Legal Assistants

≈ Comments Off on A Guide to E-Discovery Terms.

Tags

E-Discovery, Jenny Tucker, My Paralegal Place

The Big List of E-Discovery Terms Every Paralegal Should Know, by Jenny Tucker, My Paralegal Place (reprinted with author’s permission)

http://www.myparalegalplace.com/2017/08/the-big-list-of-e-discovery-terms-every.html

I have paralegal friends who have had special training and received credentials for their knowledge of e-discovery. I also have paralegal friends who rarely run across the same kind of challenge. If these terms are common to you, I tip my hat. If not, I hope this helps. Thanks, Jenny, for sharing. -CCE

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Federal Judge’s E-Admissibility Chart.

21 Saturday Apr 2018

Posted by Celia C. Elwell, RP in E-Discovery

≈ Comments Off on Federal Judge’s E-Admissibility Chart.

Tags

Craig Ball, E-Discovery, U.S. District Court Judge Paul Grimm

Handy Chart on E-Admissibility, posted by Craig Ball, Ball In Your Court (with hat tip to U.S. District Court Judge Paul Grimm)

https://bit.ly/2HFzZE1

In my opinion, Craig Ball, his seminars, and his blog, are at the top of my list of “go to” sources anything related to e-discovery. Written by U.S. District Court Judge Paul Grimm, this chart is e-discovery gold. Highly recommend a bookmark! -CCE

I received a fine gift this morning from U.S. District Judge Paul Grimm, and with the authors’ permission, I’m sharing it with you.  It’s a splendid chart on admissibility of electronic evidence that any trial lawyer will want when going to Court.  For younger readers, I will explain what “going to Court” means in a future post.

Continue reading →

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State-by-State Recording Laws from the Reporter’s Committee for Freedom of the Press.

04 Wednesday Apr 2018

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Discovery, Evidence, Recordings, Research, State Law, Statutes

≈ Comments Off on State-by-State Recording Laws from the Reporter’s Committee for Freedom of the Press.

Tags

Recordings, Reporter’s Committee for Freedom of the Press, State Statutes

State-by-State Reporter’s Guide – Tape Recording Laws At a Glance, Reporter’s Committee for Freedom of the Press

https://www.rcfp.org/reporters-recording-guide/state-state-guide

Do you ever record a telephone conversation without telling the person at the other end of the line? It happens quite frequently. But, is it legal? Do you need the other person’s consent? Can it be used as evidence in court? Could you get arrested if you let someone else listen to it? What about hidden cameras?

These statutes were last updated in 2012. When you find your state and the relevant statute, verify that the law has not been changed since 2012. I would take it one more step, and check to see whether there is any pending legislation that might change the law. -CCE

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Witness Preparation – The Classics.

19 Monday Mar 2018

Posted by Celia C. Elwell, RP in Depositions, Discovery, Trial Tips and Techniques, Witness Preparation, Witness Preparation, Witnesses

≈ Comments Off on Witness Preparation – The Classics.

Tags

Dr. Ken Broda-Bahm, Persuasive Litigator, Witness Preparation

Witness: Top 10 Posts, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://bit.ly/2DFr8fI

Have you ever prepared witnesses or clients for a deposition or trial? If you have, then you know these rules or techniques are the classics. Tried and true. If you haven’t, here is some of the best advice you will ever get. This is a “must bookmark.” -CCE

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When Does a Subpoena for Documents in a Foreign or International Tribunal Require Personal Jurisdiction?

21 Wednesday Feb 2018

Posted by Celia C. Elwell, RP in Discovery, International Law, Requests for Production

≈ Comments Off on When Does a Subpoena for Documents in a Foreign or International Tribunal Require Personal Jurisdiction?

Tags

28 U.S.C. § 1782, Gilbert A. Samberg, International Law, Lexology Blog, Request for Production of Documents

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The Subpoena Target, posted by Gilbert A. Samberg, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Lexology Blog

http://bit.ly/2FbbE5e

When someone mentions a subpoena for documents, most of us think of a subpoena duces tecum under Fed. R. Civ. P. 45. Title 28 U.S.C. § 1782 also is used to subpoena documents, but in cases involving a foreign or international tribunal. How easy is it to meet that standard?

This post explains the three threshold standards and how the Second Circuit Court handled it. -CCE

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eDiscovery Day Has Arrived.

01 Friday Dec 2017

Posted by Celia C. Elwell, RP in Admissibility, Discovery, Document Coding, E-Discovery, Evidence, Federal Rules of Evidence, Rule 803 Exception, Rule 902

≈ Comments Off on eDiscovery Day Has Arrived.

Tags

Bow Tie Law, Document Review, E-Discovery, Everlaw, Federal Rules of Evidence, Josh Gilliland

Everlaw Guest Post: When Has a Producing Party Completed Document Review? by Josh Gilliland, Bow Tie Law

http://bit.ly/2i7KNMX

On November 24, 2017, I posted a reminder of this federal evidence rule change that became effective today, December 1st, or as Josh calls it, “eDiscovery Day.”  Josh Gilliland’s post and webpage covers the changes in more depth, and are worth a bookmark for future reference. Don’t overlook the tweets on the right-hand side of the page.  -CCE

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December 1, 2017 Amendments to the Federal Rules of Evidence on Hearsay and E-Discovery Authentication.

24 Friday Nov 2017

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

≈ Comments Off on December 1, 2017 Amendments to the Federal Rules of Evidence on Hearsay and E-Discovery Authentication.

Tags

E-Discovery, Federal Rules of Evidence, Hearsay, Self-Authenticating Evidence

Federal Rules of Evidence Amendments for 2018, Federal Rule of Evidence (2017 Edition)

https://www.rulesofevidence.org/federal-rules-of-evidence-amendments-for-2018/

The links no longer work in my January 22, 2017 post on the amendments to the Federal Rules of Evidence. The amendments are effective December 1, 2017. This link is reliable and worth a bookmark. This website includes the rules, highlights the amendments, and the Committee Notes. -CCE

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Need to Discover Insurance Coverage? Try This.

27 Thursday Apr 2017

Posted by Celia C. Elwell, RP in Discovery, Interrogatories

≈ Comments Off on Need to Discover Insurance Coverage? Try This.

Tags

Insurance Coverage, Interrogatories, Paul Luvera, Plaintiff Trial Lawyer Tips

Interrogatories Asking for Insurance Coverage Information, by Paul Luvera, Plaintiff Trial Lawyer Tips

http://bit.ly/2phvhiP

When your discovery rules allow the plaintiff to get the defendant’s insurance coverage, never miss the opportunity to get all the details you can. Here are some excellent examples of interrogatories and strategy. -CCE

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Trial Witnesses And Depositions Transcripts.

22 Saturday Apr 2017

Posted by Celia C. Elwell, RP in Depositions, Discovery, Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on Trial Witnesses And Depositions Transcripts.

Tags

Depositions, Dr. Ken Broda-Bahm, Persuasive Litigator, Trial Tips, Witness Preparation

Use Your Deposition as Your Sword and Shield, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://bit.ly/2piUoBR

Depositions can be taken months, even years, before a case goes to trial. Even though you may routinely provide every deponent with a copy of the transcript of his or her deposition, does the witness or your client really understand how important it truly is to study it thoroughly? Sometimes I wonder whether they see it more as a bother. Including a copy of this post might help. -CCE

See also Overlearn Your Deposition, by Dr. Ken Broda-Bahm, Persuasive Litigator™ at http://www.persuasivelitigator.com/2017/02/overlearn-your-deposition.html.

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Obtaining, Organizing, and Analyzing Medical Records.

09 Sunday Apr 2017

Posted by Celia C. Elwell, RP in Discovery, Medical Records

≈ Comments Off on Obtaining, Organizing, and Analyzing Medical Records.

Tags

Discovery, Medical Records, Paralegal Today

Tips for Unlocking Medical Records That Will Make a Paralegal’s Job Easier, by Karen Clark, MS, RN; Patricia Iyer, RN, MSN, LNCC; Barbara Levin, BSN, RN, ONC, LNCC; and Mary Ann Shea, JD, BS, RN, Paralegal Today (Originally appeared in print as “Unlocking Medical Records” July/August 2004)

http://paralegaltoday.com/issue_archive/features/feature2_ja04.htm

“How to” on obtaining, organizing, and analyzing medical records, complete with chart for tracking them. -CCE

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Will Your Standard Boilerplate Discovery Objections Cut the Mustard in Federal Court?

12 Sunday Mar 2017

Posted by Celia C. Elwell, RP in Discovery, Federal Rules of Discovery, Objections

≈ Comments Off on Will Your Standard Boilerplate Discovery Objections Cut the Mustard in Federal Court?

Tags

2015 Amendment to Federal Rules of Civil Procedure, Daniel M. Braude, Discovery Objections, Product Liability Advocate

Don’t Risk Waiving All Objections to Discovery Responses, by Daniel M. Braude, Wilson Elser, Product Liability Advocate

http://bit.ly/2mQTYon

Remember the changes made to the Federal Rules of Civil Procedure in December, 2015? Mr. Braude strongly urges us to update our discovery form files. He has a convincing reason. -CCE

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A Federal Discovery Rule Quiz.

10 Friday Mar 2017

Posted by Celia C. Elwell, RP in Discovery, Expert Witness, Federal Rules of Discovery, Rule 26

≈ Comments Off on A Federal Discovery Rule Quiz.

Tags

Discovery, Expert Witness Discovery, Litigation, Litigation and Trial, Rule 26, The Law Blog of Plaintiff’s Attorney Max Kennerly

Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have to Disclose Before Trial? by Max Kennerly, Esq., Litigation and Trial, The Law Blog of Plaintiff’s Attorney Max Kennerly

http://bit.ly/2mvxvg1

Under Rule 26 of the Federal Rules of Civil Procedure, who is a “non-retained expert witness” and when does that witness need to provide a thorough report rather than a summary report?  And what would you expect a judge to say if you do not disclose a non-retained expert witness? As always, it depends. -CCE

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Do You Use the Cloud for Document Storage or Production? Read This First.

28 Tuesday Feb 2017

Posted by Celia C. Elwell, RP in Attorney Work Product, Attorney-Client Privilege, Clouds, Confidentiality, Discovery, Dropbox, Emails, Encryption, Evidence, Insurance Defense, Legal Ethics, Legal Technology, Litigation, Passwords, Privilege and Confidentiality, Requests for Production, Sanctions, Subpoena Duces Tecum

≈ Comments Off on Do You Use the Cloud for Document Storage or Production? Read This First.

Tags

ABA Journal, Attorney-Client Privilege, Cloud Storage, Confidentiality, Debra Cassens Weiss, Discovery, File Sharing, Legal Ethics, Work Product Doctrine

Upload To File-Sharing Site Was Like Leaving Legal File On A Bench, Judge Says; Privilege Is Waived, by Debra Cassens Weiss, ABA Journal©

http://bit.ly/2mxwEcF

Many use the cloud for file storage and sharing when attachments are too big to send by email. If you use the cloud for storage, file-sharing or transfer, document management, project management, or anything similar, here is a cautionary tale.

The plaintiff insurance company sued the defendants, and sought a declaratory judgment on the defendants’ claim of loss by fire. The plaintiff’s investigator uploaded the entire claims file, including surveillance footage, to a drop-box cloud, Box, Inc. The link had no encryption or password. Access to the link alone allowed anyone to see the file.

He then sent the link by email to the plaintiff insurance company, who sent it to the insurance company’s attorneys, who inadvertently sent it the defendants’ counsel in response to a subpoena duces tecum.

The defendants’ counsel looked at it, but didn’t tell the plaintiff they had seen the privileged and confidential information. Inevitably, the defense sent the information back on a thumb drive to the plaintiff’s attorneys during discovery.

After vigorous arguments about confidentiality, work-product doctrine, attorney-client privilege, and disqualification of defense counsel, the facts and court’s reasoning make this an interesting read. -CCE

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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.

Tags

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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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.

Tags

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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The Difference Between a Preservation Letter and Presentation Notice.

16 Sunday Oct 2016

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Preservation

≈ Comments Off on The Difference Between a Preservation Letter and Presentation Notice.

Tags

Ball In Your Court Blog, Craog Ball, E-Discovery, Preservation Letter, Preservation Notice

Crafting the “Perfect” Legal Hold Notice, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2016/10/09/crafting-the-perfect-legal-hold-notice/

When it comes to e-discovery, Craig Ball and his blog, Ball in Your Court, is one of my top resources. Some years ago, he posted “The Perfect Preservation Letter,” as a guide of what you would send to the opposing party to put them on notice of a litigation hold.

This document is similar and just as important – an internal notice or the kind of notice you would give to your client. The following is only a snippet of his post.

When it comes to deciding whether to send a preservation letter or notice, I would err on the side of caution. In the early stages of a case, you may not know whether the legal issue will become litigation. Not all disputes are litigated. But if you wait until it does, e-discovery may already be wiped or corrupted.

Some clients may balk at the scope and breadth of your preservation notice, which is why it Mr. Ball’s rules of thumb are so helpful. A reasonable precaution will be worth the effort. – CCE

[T[he inapparent distinction between a preservation letter and a preservation notice is that the latter is an internal communication better termed a legal hold directive.  You send a preservation letter to the other side.  The preservation notice is what a party furnishes to its own principals, employees, agents, contractors and anyone else aligned with the party giving the notice and obliged to preserve information in anticipation or initiation of litigation.  Clearly, we must find better terminology to distinguish the two than just “letter” and ‘notice.’

[I] drafted a list of ten elements I thought were essential components of whatever communication aspires to call itself the perfect preservation notice.

Continue reading →

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For E-Discovery Requests, The Court Says It’s Not Enough To Say Nothing Was Found.

11 Tuesday Oct 2016

Posted by Celia C. Elwell, RP in Discovery, Document Review, E-Discovery, Emails, Federal Rules of Discovery, Preservation, Requests for Production, Subpoena Duces Tecum

≈ Comments Off on For E-Discovery Requests, The Court Says It’s Not Enough To Say Nothing Was Found.

Tags

Bow Tie Law Blog, E-Discovery, Josh Gilliland, Requests for Production

Don’t Just Say, “No Emails Found,” by Josh Gilliland, Bow Tie Law Blog

http://bowtielaw.com/2016/10/04/dont-just-say-no-emails-found/

The plaintiff asked the defendant to produce emails relevant to an event on a specific date. The defendant said there were no such emails, and had nothing to produce. The judge agreed that the defendant could not produce what did not exist, but ordered the defendant to show how it determined no emails existed. Simply saying that no emails existed was not a sufficient answer.

 If you are the defendant, what else should you say to satisfy the court? -CCE

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Written Discovery Basics.

20 Saturday Aug 2016

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Interrogatories, Legal Writing, Requests for Admissions, Requests for Production

≈ 1 Comment

Tags

Definitions and Instructions, Discovery, Legal Writing, Motion to Compel, Objections

I admit it. I love writing and answering discovery. Too often, I have seen boilerplate discovery asking for something that is not relevant. What a waste. Do not write discovery if you know nothing about the case. Blindly sending boilerplate discovery at best makes you look busy. At worst, it makes you look sloppy.

Discovery rules change. Read and re-read the court rules, local court rules, and the applicable discovery code. At the outset of the case, send your client and the opposing party a litigation hold letter. It does not matter whether either is an individual or a big corporation. Everyone uses email and sends texts on their cell phones.

Before you start writing discovery, you have to be familiar with the facts and law of your client’s case. If you aren’t, read the pleadings. Understand why the plaintiff sued the defendant(s) and what answer the defendant gave to those allegations, including all affirmative defenses. If it helps, make a chart or an outline.

There is a basic way to determine what discovery you should request. First, make a list of what you need to prove your case. We’ll call this List #1. Second, ask yourself whether you have everything needed to prove (or defend) everything on List #1? You won’t. So, third, make a list of what you need – List #2. Your client will provide some of the evidence you need, and you will use discovery to continue your search. Revise List #2 to identify what you need but do not have.

With List #2 as your guide, use discovery to get whatever else you need to prove your case. Each type of discovery is unique. Play to their strengths, which is a post all by itself. Craft your discovery to snag that evidence and identify anyone who is a potential witness and/or document custodian.

A quick word about Definitions and Instructions. Please do not regurgitate the discovery rules. I admit that I do not follow my own advice. I like to remind opposing counsel (and the opposing party) that there is a continuing obligation to supplement discovery. In the hopes that it will save time and aggravation, I also like to add the specific language from the discovery code about when you can object and why.

Define only what is necessary. If there is room for confusion, clarify what is what and who is whom. If the case revolves around specific documents, such as a contract or an event, define it with a simple designation. Your goal is instant recognition of whatever it is. If there are more than one contract or event, make your definitions basic and easy to recognize.

As soon as you receive the responses to your discovery, mark every incomplete answer or objection. Ask for supplementation where needed, and follow up. If an objection is ridiculous or simply obstructive, challenge it while at the same time building exhibits to support a motion to compel (read the rules!). Do not wait until the discovery deadline is looming to stay on top of this.

This one should be a no-brainer, but I still see it every so often. A party objects to the most basic discovery question and refuses to answer. The other side asks a standard, basic interrogatory, and you object. Really? You cannot enforce it. You know it; I know it; and the other side knows it.

Say goodbye to your boilerplate forms. If you use a form, proofread. Know your case. Adapt your discovery plan as the case progresses. These are not all the basics, but it will hopefully give you a running start. -CCE

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Using Discovery to Search for Hidden Assets.

20 Wednesday Apr 2016

Posted by Celia C. Elwell, RP in Discovery, Requests for Production, Subpoena Duces Tecum

≈ Comments Off on Using Discovery to Search for Hidden Assets.

Tags

Asset Search Blog, Discovery, Fred L. Abrams, Hidden Assets, Request for Production of Documents

Using A Production Request In Your Asset Search, by Fred L. Abrams, Asset Search Blog (Fred L. Abrams©2016)

http://bit.ly/20OGtRn

If you are a divorcing spouse, judgment creditor or other litigant, how do you conclusively establish whether or not assets have been hidden from you? You can sometimes reasonably determine this by using legal tools to search for assets. In a pending litigation, these tools might include: depositions; subpoenas; interrogatories; production requests; etc.

Below is part of a production request in the hypothetical case of ‘JOHN DOE.’ The production request seeks access to JOHN DOE’s passport; credit cards; phone records; etc. By analyzing this kind of material one might possibly detect secret offshore bank accounts or other hidden assets. . . .

Continue reading →

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Craig Ball Presents “Introduction to Discovery in U.S. Civil Litigation.

03 Sunday Apr 2016

Posted by Celia C. Elwell, RP in Civil Procedure, Discovery, E-Discovery, Federal Rules of Discovery, Litigation, Research

≈ Comments Off on Craig Ball Presents “Introduction to Discovery in U.S. Civil Litigation.

Tags

Ball in Your Court, Civil Litigation, Court Rules, Craig Ball, Discovery

Introduction to Discovery in U.S. Civil Litigation, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2016/04/03/introduction-to-discovery-in-u-s-civil-litigation/

Thank you, Craig Ball, for generously sharing your materials. If you have any interest whatsoever in litigation, this is a “must” read. -CCE

I am fortunate to teach electronic discovery and digital evidence in many venues. . . .

All of these entail accompanying written material, so there is a lot of research and writing for the various courses and presentations.  Some of my students aren’t lawyers or are law students with the barest theoretical understanding of discovery.  I’ve found it’s never safe to assume that students know the mechanisms of last-century civil discovery, let alone those of modern e-discovery.  Accordingly, I penned the following short introduction to discovery in U.S. civil litigation and offer it here in case you need something like it, especially if you’re also teaching this stuff.  [It’s copyrighted, but feel free to use it with attribution]. . . .

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In Litigation, First Things First.

10 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Brief Writing, Discovery, Evidence, Legal Writing, Litigation, Motions

≈ Comments Off on In Litigation, First Things First.

Tags

Brief Right, Brief Writing, Evidence, Kirby Griffis, Litigation, Motions

Motions first, depositions second, by Kirby Griffis, Brief Right!

http://briefright.com/motions-first/

In my business, litigation, there is a typical order of events. A lawsuit is filed, then discovery is taken, then motions are filed and ruled upon, and then there is a trial. Litigators who haven’t thought carefully about their business may fall into the error of compartmentalizing these steps too much. Have you ever gone to write a crucial motion, only to discover that the testimony or documentary evidence that you need to put forward under the applicable law was never obtained, or came in the wrong way without being fixed?

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Don’t Challenge Under Rule 34 If You Cannot Explain Why.

25 Thursday Feb 2016

Posted by Celia C. Elwell, RP in Discovery, Document Review, Federal Rules of Discovery, Recent Links and Articles

≈ Comments Off on Don’t Challenge Under Rule 34 If You Cannot Explain Why.

Tags

Bates Numbering, Bow Tie Law Blog, E-Discovery, Joshua Gilliland, Request for Production, Rule 34

Attack the Form of Production, by Joshua Gilliland, Esq., Bow Tie Law Blog

https://bowtielaw.wordpress.com/2015/09/22/be-specific-if-you-are-going-to-attack-the-form-of-production/

Oh, Rule 34. You are the code section that keeps giving.

Under Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i), a party ’must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request.’

A Plaintiff brought a motion to compel the opposing party to organize and label their production to correspond to the categories in the Plaintiff’s Requests for Production. Things did not go well for the Plaintiff’s motion. . . .

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