loading please wait..

Category Archive for: Court Rules

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.

Read More →

6 Things We Learned About Legal Tech & E-Discovery in 2016

Six developments in legal technology and e-discovery law from 2016.

Read More →

IL Case Law Update: Inspection of Litigant’s Hard Drive and Discovery Proportionality

An Illinois court offers guidance on when it is appropriate for a litigant to search an adversary's computer and weighs in on e-discovery proportionality.

Read More →

Do I Have to Agree to E-Discovery Search Terms?

E-discovery is a cooperative party-driven process. Agreement on search terms and methods is important. But, that does not mean you get everything you want.

Read More →

Document Request Objections and the Rule 34 “Specificity” Requirement

Under FRCP 34, objections to document requests require "specificity," must state whether documents are withheld or describe search used to gather documents.

Read More →

“Possession, Custody & Control” Tackled by The Sedona Conference

"Possession, custody and control" of documents & ESI examined by Sedona Conference. Suggests actual possession or legal right to material is proper test.

Read More →

E-Discovery Proportionality? Chief Justice Roberts digs it too.

Chief Justice Roberts' annual report describes recent FRCP amendments as a "big deal" and although he likes proportionality, he doesn't like pistol duels.

Read More →

E-Discovery Proportionality for the Busy Lawyer [Infographic]

Federal Rule of Civil Procedure 26(b)(1) suggests six factors to consider when weighing e-discovery proportionality.

Read More →

Are Custom Database Queries Required for Discovery in Litigation?

Litigants responding to document requests are not required to create new documents. However, that rule may not apply to information kept in databases.

Read More →

The Big Day is Here: FRCP E-Discovery Amendments Go Live

A quick recap of e-discovery related amendments to the Federal Rules of Civil Procedure effective December 1, 2015.

Read More →