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Category Archive for: Court Rules

Even With Clawback Agreement, Use of Material May Waive Privilege

Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

In federal litigation, responding party is generally responsible for subpoena costs. However, financial hardship or state statutes or rules may shift costs.

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The Mandatory Initial Discovery Pilot Year One: An (Unscientific) Study

An Illinois federal court surveys attorneys on expedited discovery rules. Despite negative responses, the MIDP program might be meeting some of its goals.

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New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.

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New Rule Permits Self Authentication of Electronic Evidence

Changes to Federal Evidence Rule 902 effective December 1 allow "self authentication" of certain electronic evidence and electronically stored information.

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Is it OK to Redact Irrelevant Information in Document Discovery?

Generally, irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.

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Federal Mandatory Initial Discovery Pilot Program Cheatsheet (Infographic)

Coming to a court near you? An infographic overview of the Mandatory Initial Discovery Pilot (MIDP) being tested by federal judges in Illinois and Arizona.

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Civil Discovery in Federal Court– Hello Rocket Docket?

Federal courts in Arizona and Illinois are testing the Mandatory Initial Discovery Pilot requiring accelerated discovery in civil cases.

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A Discovery Dispute Makes the Big Time (SCOTUS!)

The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?

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Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)

If evidence spoliation is suspected, it might be best to bring it to the court's attention before responding to a summary judgment motion.

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