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Rules of Civil Procedure Evidence

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

EDRM - Electronic Discovery Reference Model

Civil Procedure Rules Can Change for the Better- But It Takes Work

A landmark rules decision this past week by the Florida Supreme Court promises to reshape the landscape of civil litigation in the state. One particular change amending Florida’s scope of discovery rule, Fla. R. Civ. P....more

EDRM - Electronic Discovery Reference Model

Another Cinderella Situation – Motion Denied as Untimely?

In Fiskars Finland OY AB v. Woodland Tools Inc., 2024 WL 2504717 (W.D. Wisc. May 24, 2024), plaintiff sued for alleged misappropriation of trade secrets. Defendants counterclaimed....more

Latham & Watkins LLP

French Supreme Court: Unfairly Obtained Evidence Can Be Admissible in Civil Litigation

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Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more

Epiq

2023 eDiscovery Case Law Review

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January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more

Hendershot Cowart P.C.

Texas Rule 202: The Advantages of Pre-Suit Depositions in Litigation

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Rule 202 refers to the pre-suit deposition rule in the Texas Rules of Civil Procedure. This rule allows a person or party involved in a dispute to request deposition – sworn testimony recorded by a court reporter – to...more

Butler Weihmuller Katz Craig LLP

Effective Immediately: Jury Requests To Review Testimony In Civil Cases Is Governed By Florida Rule Of Civil Procedure 1.453

Previously, the Second District Court of Appeal extended to civil cases the holding in Hazuri v. State, 91 So. 3d 836 (Fla. 2012), a criminal case addressing readbacks to the jury following a request for trial transcripts....more

Winstead PC

Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s Rule Arising From Claim That He Failed To Change A...

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In Donnelly v. Donnelly, a widow sued her deceased husband’s son for failing to change the beneficiary designation on the husband’s IRA to name her. No. 14-21-00592-CV, 2022 Tex. App. LEXIS 7615 (Tex. App.—Houston October 13,...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

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III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (I)

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Forward - In order to strengthen the protection of patent rights and try to solve the problems of "long cycle, difficult evidence production and low compensation", the cases of applying the obstruction of evidence...more

Esquire Deposition Solutions, LLC

Before You Press “Record” on a Zoom Deposition

If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and...more

Adler Pollock & Sheehan P.C.

“This is your ‘Perry Mason’ moment,” a Cautionary Tale on Inadvertent Disclosures

At the climax of one of the most watched trials that took place in 2022, conspiracy theorist and media personality Alex Jones breathed life into the infamous fictional lawyer once more on August 3, 2022 when confronted with...more

Reveal

State and Local Government Agencies Are Often Forgotten, But They Have Needs Too

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When people write about organizations that have a need for eDiscovery solutions, we think of law firms, corporations, service providers and government agencies. But when people write about government agencies and their...more

Reveal

eDiscovery From the Other Side of the World: APAC

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When it comes to a discussion of eDiscovery practices on this blog (and others, including my blog eDiscovery Today), the focus tends to be mostly on US practices and laws. Not only US laws, but our discussions tend to revolve...more

Proskauer - Minding Your Business

Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation

New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more

Esquire Deposition Solutions, LLC

Post-Pandemic Reforms Are Remaking the U.S. Justice System

When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

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The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

Esquire Deposition Solutions, LLC

The Role of Depositions in Preserving Trial Errors for Review

Whether it’s during a deposition or during trial, the job of preserving errors for judicial review is a vital part of the litigator’s professional obligation to his or her client. Many trial outcomes turn on evidentiary...more

BCLP

HK Court of Appeal confirms the exceptional nature of the taking of evidence by way of video conferencing facilities

BCLP on

Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts...more

Lathrop GPM

Missouri Supreme Court Changes Rules to Reduce Discovery Burden

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In 2019, the Missouri legislature passed, and Governor Parson signed, legislation to update several provisions of the Missouri Rules of Civil Procedure governing discovery. Known as Senate Bill 224 (SB 224), the law was...more

Latham & Watkins LLP

Remote Evidence in English Courts: Some Timely Reminders

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Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. The COVID-19 pandemic has (albeit by necessity) ushered in a move towards remote justice. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida High Court Adopts the Federal Standard for Summary Judgment

On December 31, 2020, the Florida Supreme Court rendered an opinion in In Re: Amendments to Florida Rule of Civil Procedure 1.1510, No. SC20-1490, aligning Florida’s rules of civil procedure with the supermajority of U.S....more

Hogan Lovells

Coronavirus and civil procedure: Preservation of evidence in times of COVID-19 (under German law)

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Companies are having to devote considerable attention to the coronavirus crisis at the present time. However, in view of the current turbulence affecting business, it is equally important to be aware of any legal disputes...more

Troutman Pepper

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 3): A Guide To Practicing In The U.S. District...

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A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more

Butler Snow LLP

Recovering Attorney’s Fees in Texas: Five Lessons

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Obtaining an award of attorneys’ fees might be the final step in a long-waged litigation battle but to do so successfully requires careful planning and diligence from the outset of a case. The Texas Supreme Court recently...more

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