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Topic: Discovery (law)


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In the News (Sat 2 Jun 12)

  
  Electronic Discovery Resources : Sound Evidence : E Discovery, Electronic Evidence
Monica Bay, over at Law Technology News and the Common Scold, really knows how to throw a party.
See the article here for department wide innovations, including counsel convergence, preventative law and early case assessment.
Sound Evidence :: Electronic Discovery Resources : E Discovery, Electronic Evidence, EDiscovery and E-Discovery resource for lawyers, attorneys, law firms, corporate counsel, judges and litigation support professionals seeking current information about electronic discovery.
soundevidence.discoveryresources.org   (1169 words)

  
  California Civil Discovery Law and Techniques -- A summary of the essential rules and methods for effective and ...
The main purposes of discovery are to find evidence, avoid surprises, narrow the issues, perpetuate testimony, obtain testimony from outside the state, and permit the recovery of certain costs and fees.
Properly framed discovery can help you to cut through the boilerplate to find out what your opponent really intends to rely upon and to eliminate the need to meet contentions that will not be relied upon at trial.
You will be using your discovery indirectly throughout your preparation for trial to determine what evidence you need to produce at trial and to help you to locate that evidence.
www.dicarlolaw.com /DiscoveryTechniques.htm   (3081 words)

  
 State of the Law - Digital Discovery - Berkman Center for Internet & Society
While the translation of discovery principles from the traditional paper to the digital context is largely fluid, issues of cost present a potential disjoint.
Digital discovery tends to be voluminous, as electronic data are easier to copy, archive and distribute; electronic data, unlike their conventional counterparts, do not disappear easily.
The lingering quandary that judges and advocates must grapple with is whether or not there is anything inherently different about digital discovery that would logically lead to a new discovery approach, or whether the existing discovery procedures are sufficiently elastic to meet the challenges of digital discovery.
cyber.law.harvard.edu /digitaldiscovery/digdisc_library_2.html   (867 words)

  
 Colorado Discovery Law
Discovery of Expert Testimony: In addition to the disclosures required by subsection (a)(1) of this Rule, a party shall disclose to other parties the identity of any person who may present evidence at the hearing, pursuant to Rules 702, 703, or 705 of the Colorado Rules of Evidence.
Discovery at a place within a country having a treaty with the United States applicable to the discovery must be conducted by methods authorized by the treaty except that, if the court determines that those methods are inadequate or inequitable, it may authorize other discovery methods not prohibited by the treaty.
Discovery questions are limited in number so select the most important questions to ask the other side.Don't waste your requests writing questions that you already know the answer to.
lawdigest.uslegalforms.com /evidence/index.php?dID=741   (945 words)

  
 FindLaw's Modern Practice - Electronic Discovery Rules Needed   (Site not responding. Last check: )
He is the immediate past Chair of the Discovery Subcommittee of the Civil Rules Advisory Committee to the California Judicial Council, and he proposed and worked to enact California legislation authorizing use of technology in discovery.
To obtain discovery of data or information that exists in electronic or magnetic form, the requesting party must specifically request production of electronic or magnetic data and specify the form in which the requesting party wants it produced.
If existing law can handle the issue, it is up to the lawyers to properly present the law and the facts and for the judges to properly apply it.
practice.findlaw.com /archives/feature_0802.html   (3275 words)

  
 PATENT LAW ROUNDTABLE: DISCOVERY INTERFERENCE
With interferences a multimillion-dollar matter for companies and their counsel, the discovery question is likely to continue generating lively debate in the patent bar.
The second kind of discovery that we have is on motion in advance of the trial.
What the PTO has done is made the discovery rules a lot more focused, hopefully with the result that the things that are subject to discovery are really pertinent to the issues in the interference.
www.oblon.com /Pub/gholz-970822.html   (3846 words)

  
 Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments
Discovery is an enormous part of litigation to litigants, their counsel, and the judges presiding over their cases.
The default standards require the parties to confer early in discovery with respect to e-discovery so that the parties are able to solve issues early in the discovery process rather than later.
Another criticism of this amendment is that parties served with discovery requests may routinely indicate that the electronically stored information is not reasonably accessible, which could in turn raise a barrier to discovery and increase collateral litigation.
library.findlaw.com /2005/Feb/6/133662.html   (8275 words)

  
 WebWire | Discovery Law and New Jersey Legal Copy & Imaging Lead 20 Million Page Document Management Project
Discovery Law reported that the multinational transcription company was very pleased with the performance of Discovery Law, New Jersey Legal Copy & Imaging and the members from their National Litigation Support Service Bureau Alliance that participated in the project and anticipate that they will be working together on future document management processing projects.
Their mission is to cover the business-- profits, losses, mergers, strategies, and spectacular failures--of the most successful law firms in the nation as well as their practices--the biggest deals and cases, the inside story of who won, who lost and why.
Discovery Law’s National Alliance Network represents a growing number of litigation support service providers that offer Discovery Law software and services to dramatically reduce the total cost of discovery for their clients.
www.webwire.com /ViewPressRel.asp?aId=25302   (684 words)

  
 LLRX.com -- E-Discovery Update - by Fios Inc.: Keeping Current with E-Discovery Law
One of the most essential tasks for any attorney is to understand the requirements of the jurisdiction in which he or she is practicing.
State court matters continue to be controlled by separate laws and rules of that jurisdiction, and even certain federal courts have enacted local rules that impose additional requirements on litigants beyond what is spelled out in the Federal Rules.
However, as a practical matter, these compilations may not be updated as quickly as either court web sites or subscription services, though the time lag may be fairly brief—perhaps only a few weeks—depending on the size of the sponsoring organization and the resources dedicated to keeping their information current.
www.llrx.com /columns/fios11.htm   (1568 words)

  
 Seton Hall Law School - Discovery & Depositions in Civil Litigation (PRMD9212)
"Discovery and Depositions in Civil Litigation" will initially teach the students how to promulgate and respond to all forms of paper discovery in complex cases involving science, medicine and technology.
Each student will then be required to draft and respond to each type of pretrial request for discovery utilizing the facts of one of the actual cases.
The students will be graded on their preparation of a pretrial discovery memorandum, various pretrial discovery documents and several deposition outlines.
law.shu.edu /administration/registrar_bursar/courses/course_descriptions/PRMD9212.html   (510 words)

  
 Discovery Law Announces Partnership with ImageDepot to Provide Litigation Document Management Solution
Discovery Law, an emerging leader in the US wholesale litigation services market plans to provide ImageDepot to its national service bureau network of over 20 alliance members serving 92 locations across the US and Canada.
Discovery Law reports that ImageDepot is the next generation easy-to-use, Internet-based litigation document repository and management solution designed specifically to support geographically remote litigation teams managing large populations of images and native electronic discovery documents from anywhere in the world with access to the Internet.
Founded in 2004, Discovery Law is an emerging leader in the US wholesale litigation support services market with a national litigation service bureau network of over 20 partners with 92 locations throughout the Unites States and Canada.
www.prweb.com /releases/2006/9/prweb437945.htm   (799 words)

  
 Evaluating the Electronic Discovery Capabilities of Outside Law Firms: A Model Request for Information and Analysis
Bottom line, selecting a law firm that is ill-prepared to effectively manage electronic discovery can cost enormously - internal records preservation and production costs are considered one of the largest uncontrolled expenses in corporate America.
The Model RFI invites law firms to demonstrate they are adapting to a business world where 97% of the potential documentary evidence is created in electronic form.
Law firms who do not wish to receive “pink slips” from their clients would also be well-advised to take a hard look at how well they are prepared to respond to requests for information on their electronic discovery preparedness.
www.pf.com /evalEDCofLawFirmsPD.asp   (1542 words)

  
 WLJ - Roundtable Discussion - Electronic Discovery
Today you can't practice law —in any area of practice, but certainly in any area that has any litigation component — without understanding the underlying technology concepts of the forms that discoverable information can take, the kinds of experts to use and how to evaluate forensics experts to go out and find this information.
But with electronic discovery, there really is a time element in regards to how quickly you need to get at it and preserve the evidence, so that somebody can look through it even while the arguments are being made about, what metadata may be appropriate and not privileged or privileged, et cetera.
What's going to happen is somebody's going to be on the cover of the National Law Journal or the Wisconsin Law Journal as one of the first lawyers sued for failure to advise their clients or failure to disclose this kind of information.
www.wislawjournal.com /archive/2004/0505/roundtable-0505.html   (3388 words)

  
 Tennessee Business Litigation Law Blog: E-Discovery (Discovery of Electronic Evidence)
Discovery disputes over the format of electronic documents are going to become commonplace given the volume of electronic files in business and the wasted time and expense if they are produced in a less useful format.
The E-discovery Law Blog points to a case that demonstrates one thing: documents are not discoverable just because they are stored in an electronic format, but regardless of whether they are stored in an electronic format.
If information is produced in discovery that is subject to a claim of privilege or protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it.
www.tnbusinesslitigation.com /cat-ediscovery-discovery-of-electronic-evidence.html   (6360 words)

  
 In-House E-Discovery Processing: Much More Than Software   (Site not responding. Last check: )
Many law firm clients, horrified by the expense of having their electronic data collected and processed by outside discovery specialists, press their law firms to find less expensive ways to get these materials readied for production in discovery.
If the law firm used reasonable due diligence in selecting outside assistance with an EDD project, the fact that an alleged expert botched the project is not the law firm’s fault.
Law firms that move forward with developing internal EDD services should strongly consider minimizing risks by adding insurance coverage or internal reserves to offset potential liability.
www.potomac.com /artman/publish/article_100.shtml   (2014 words)

  
 Electronic Data Discovery
Kirkpatrick and Lockhart Preston Gates Ellis LLP's (KandL Gates), offering is entitled Electronic Discovery Law and is particularly useful for keeping abreast of recent developments, including the recent extensive changes to the Federal Rules of Civil Procedure, which went into effect December 1, 2006.
Alexander Lubarsky's Alextronic Discovery takes a somewhat breezier approach to the subject, and Mary Mack's Sound Evidence: E-Discovery Simplified, looks at things from a vendor's perspective (she is Technology Counsel for Fios, Inc.).
Discovery Resources is a gateway to news, information and resources about electronic discovery sponsored by Fios, Inc. Its sister site, Compliance Resources, covers a broader range of topics concerning corporate regulation by government.
www.wadleighlaw.com /Electronic_Discovery/electronic_data_discovery.htm   (488 words)

  
 Electronic Discovery and Evidence
Law enforcement officers actually recovered the stolen laptop and arrested two suspects, and they have found no evidence that the data inside was used to compromise anybody's privacy.
The digital discovery rules are part of the latest batch of rule amendments, published in last week's Law Journal, which take effect on Sept. 1.
But several of the lawyers, speaking on condition of anonymity, said that if the problem was widespread and had corrupted the discovery process, it could cost tens of millions of dollars to fix and could foul up both pending and settled Enron litigation.
arkfeld.blogs.com /ede   (2205 words)

  
 Electronic Discovery Law Firm : K&L Gates : Electronic Discovery Law
Due to the lack of a record it is not apparent that the Magistrate Judge engaged in the proper analysis before shifting the cost of discovery to plaintiffs.
In this discrimination case, the court decided a number of discovery issues, including plaintiffs' request that the defendants be directed to send out a litigation hold to the relevant Town employees to preserve records.
The law is clear that there is an obligation to preserve evidence "when the party has notice that the evidence is relevant to litigation or when a party should have known that the evidence may be relevant to future litigation", see Zubulake v.
www.ediscoverylaw.com   (0 words)

  
 Electronic Discovery Services | Applied Discovery®: Law Library
Applied Discovery is pleased to provide the legal community with the most focused and up-to-date online source for information on electronic discovery.
Visit the Case Summaries section for a list of representative cases from around the country that address electronic discovery, including evidentiary issues, cost allocation, electronic evidence spoliation, formatting of electronic evidence, and other discovery issues.
Applied Discovery encourages you to conduct thorough research on the subject of electronic discovery.
www.lexisnexis.com /applieddiscovery/lawlibrary   (254 words)

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