The Discovery Update – March 2014

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01Mar2014

The Discovery Update – March 2014

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March 2014

From the President

Imagine being able to remotely attend and participate in realtime depositions with locations and experts inany geographic location.  Using our web-based LiveDeposition video streaming service does just that.

It’s a simpler, better streaming deposition solution designed to help you and your legal teams remotely participate, collaborate, and follow along with depositions, without having to download software.  It’s so easy — just click a link and you’re in.

Steven Genter, Director of LiveDeposition.com, the service provider said, “Technology is rapidly changing the court reporting industry as a whole.  By embracing change and implementing LiveDeposition.com’s state-of-the-art product, I feel Atkinson-Baker has positioned themselves to be ahead of the curve, now and in the future.”

We offer this innovative service to YOU.

Best regards,
Sheila Atkinson-Baker

Amendments to FRCP 45 Enacted

By Michael P. Lowry

On December 1, 2013, an amended FRCP 45 went into effect. Why did it require amendment? “Current Rule 45 creates what the Advisory Committee came to call a ‘three-ring circus’ of challenges for the lawyer seeking to use a subpoena.” Report of the Civil Rules Advisory Committee, May 8, 2012 (page 80 of the link). Those with federal cases need to be aware of the changes this post attempts to address. As always, I encourage you to actually read the rule yourself.

To help put these changes in context, consider this hypothetical. Assume I am defending a car manufacturer against a product case involving one of their fine automobiles cars. The case is venued in the District of Nevada. I want to inspect what remains of the car; envision the car inspection scene from Fight Club. The purportedly defective car, however, is at a junk yard, partially covered by a tattered blue tarp storage facility, where it is protected from the elements, located in the Eastern District of Michigan. The storage facility hates lawyers will not permit an inspection without a subpoena. Read Full Article

Nitty Gritty Discovery Requests

By Joshua Gilliland, Esq.

US Senior District Judge John Kane took on multiple discovery disputes against a Plaintiff in a wage and hour case. It is an amazing case study of what could be requested in a case.

Requesting Communications Off the Girlfriend’s Computer

The Defendants requested all ESI communications regarding the case, which included the Plaintiff’s girlfriend’s computer.

The Plaintiff objected to information from the Plaintiff’s girlfriend’s computer being searched because the information was irrelevant. Read Full Article

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AMENDMENTS TO FRCP 45 ENACTED

NITTY GRITTY DISCOVERY REQUESTS

CALM YOUR CLIENTS’ JITTERS

ABOUT THEIR DEPOSITION

THE FIVE MYTHS OF TECHNOLOGY ASSISTED REVIEW, REVISITED

WHAT YOU MIGHT HAVE MISSED

Social Media and Internet Investigations

For E-Discovery,
“Reasonable Inquiry” Rules Remain the Same

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Calm Your Clients Jitters About Their Deposition
Read It »
The Five Myths of Technology Assisted Review, Revisited Read it »
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Top 6 Free Time-Saving Apps for Lawyers
Read It »
What Tech Tool Should I Use to Do That?
Read It »
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