INTRODUCTION TO E-DISCOVERY

All discovery in litigation or any other official proceeding in which the object of the discovery is in electronic format is called electronic discovery, or e-discovery. The documents, photos, videos, and other data subject to e-discovery are categorized under the ...

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REQUESTS FOR PRODUCTION AND EXAMINATIONS

The Federal Rules of Civil Procedure cover two final discovery tools: Rule 34 covers requests for production of documents, and Rule 35 covers physical and mental examinations. Requests for Production “Request for production” is part of pretrial discovery whereby one ...

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INTERROGATORIES AND REQUESTS FOR ADMISSION

While used ubiquitously, depositions are not the only means of discovery. Interrogatories and requests for admission are additional tools that parties can use to discover information before trial. Federal Rule of Civil Procedure 33 covers interrogatories, and FRCP 36 covers ...

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DEPOSITIONS: OBJECTIONS AND USE AT TRIAL

Deposition Procedure  After the witness is sworn and the deposition officer provides the standard information on the record, examination of the witness begins. First, there is direct examination, which is defined as the initial “questioning of a witness in a ...

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DEPOSITIONS: OBJECTIONS AND USE AT TRIAL

Deposition Procedure  After the witness is sworn and the deposition officer provides the standard information on the record, examination of the witness begins. First, there is direct examination, which is defined as the initial “questioning of a witness in a ...

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PROTECTIVE ORDERS AND PRIVILEGES

Although discovery is broad and compulsory, exceptions apply where the information sought is privileged or if there is a protective order in place that covers the information sought. Privileges and protective orders limit or disallow discovery of certain types and ...

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DISCOVERY BASICS

“Discovery” is the “compulsory disclosure, at a party’s request, of information that relates to the litigation.”[1] The process of discovery allows the parties to discover information about the facts and allegations involved in litigation. It enables the parties to narrow and ...

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POST JUDGMENT ACTIONS

When the trial ends, that may not be the end of the action. That’s when the post-judgment actions begin. They come in two phases: post-judgment motions that are controlled by the rules of civil procedure, and appeals, that are controlled ...

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TRIALS AND JUDGMENTS

Starting the Trial Before the trial begins, the judge will often have to make several pretrial decisions. Among those may be the size of the jury, the number of witnesses to be allowed, limits on the length of the trial, ...

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PRE-TRIAL PRACTICE

Federal Rule 3 states that an action is commenced by filing a complaint with the court. But once a plaintiff has decided to go forward with a lawsuit, there are a number of decisions that have to be made before ...

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