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

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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

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

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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

Questions About The New Federal Rules Amendments on Discovery? – 1st of 5-Part Guide.

21 Saturday Nov 2015

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

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Discovery Advocate Blog, Federal Rules of Civil Procedure, Gary Levin, James A. Sherer, Jonathan Forman, Karin Scholz Jenson, Proportionality, Robert J. Tucker, Rule 26

Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality, by Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan Forman, Discovery Advocate Blog

http://tinyurl.com/o72ub69

If you do not fully comprehend the recent amendments to the Federal Rules of Civil Procedure, you are not alone. We will learn more as district and circuit courts rule on cases affected by these amendments.

Please note the hyperlink under the “Conference Commentary” button to see the Summary of The Report of The Judicial Conference Committee on Rules of Practice and Procedure, which will also assist you. -CCE

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where ‘just and practicable’ — the focus among attorneys and their clients has changed from what the Rules should say to how they should work . . . .

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