Articles Posted in Discovery

Kroll Ontrack has a searchable list of e-discovery cases from around the nation. To access the list,  click here.

The NITA Blog has a very good post entitled "21 Questions to Consider When Starting A Deposition." A sample: 7. Are you on any drugs or medications or alcohol that you think will interfere with your ability to answer my questions? 8. Is there anything else you are aware of that…

Do you have an e-discovery issue?  Look to this database, which has over 1000 cases on the issue from state and federal courts, for assistance. Thanks to K&L Gates for compiling and maintaining this resource.

A trial judge in New Jersey has ruled that a plaintiff may insist that her discovery deposition be videotaped over the objection of the defense. The judge ruled that "defense counsel’s objection is devoid of any specificity to constitute good cause. The Court does not wish to make light of…

The Oklahoma Supreme Court has ruled that a plaintiff has a right to videotape a Rule 35 examination (often mistakenly referred to as an "independent medical exam").  The Court’s conclusion: "Our decision to allow an examinee to videotape a court-ordered independent examination was foreshadowed by our decision in McCullough v.…

In Tennessee, the Supreme Court has an advisory commission that recommends changes in the rules of civil procedure, evidence and appellate procedure.  Proposed changes are circulated for public comment and then the court sends them to the legislature for approval.  The legislature can only vote the rule changes up or…

Here is an interesting article written by Mark Berman that I found on Law.com. The first few paragraphs: "Electronic discovery, even more so than traditional paper discovery, offers the opportunity to burden unduly an opposing party with overbroad discovery requests, and three recent New York State court decisions have addressed…

The Federal Court for the Middle District of Tennesse has a local rule on  expert witness that has been criticized for decades.   The rule provides as follows "Expert witness disclosures shall be made timely in accordance with any order of the Court, or if none, in accordance with Fed. R.…

The Federal Rules of Civil Procedure are being changed to make them more readable.  This post from Trial Ad Notes discusses the change and gives an example on how Rule 6 would be re-written. All 250 pages of the proposed revisions may be found here.  The rules are still in…

Defendant Farmers Insurance Exchange convinced the trial court that it should enter a protective order limiting Plaintiff’s counsel ability to distribute documents produced in the litigation by the defendant and limiting Plaintiff’s counsel’s use of  Defendant’s documents that Plaintiff’s counsel obtained from other sources.  The later documents had been produced…