The Discovery Update – September 2007

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01Sep2007

The Discovery Update – September 2007

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September 2007

From the President

Hello. This month’s Discovery Update focuses on the discovery of electronically stored information. The article by Nicholas Deleault, “Should Lawyers Use Metadata?” and “The Plaintiff’s Practical Guide to E-Discovery,” by Craig Ball cover simple concepts useful to any litigator. In turn, Judge Nellermoe’s “The Care and Feeding of Court Reporters” provides a practical and realistic view toward ensuring a clear, concise record.

For 20 years now, Atkinson-Baker has been servicing the legal profession. I am proud to announce that we were recently the only court reporting company to be listed on Inc. magazine’s Inc. 5,000 list of the fastest growing companies in America.

Since our inception we have been constantly vigilant about servicing you and on a daily basis continue to search for ways to improve our service to you. You have helped with this, and so it is your acknowledgement, as well.

As always, I invite your suggestions and submissions on content matter for this e-newsletter.

Best Regards,
Sheila Atkinson-Baker

The Need and Market for Legal Video Depositions

By Richard E. Best
Retired Discovery Referee and Private Judge

Videoconferencing has been used by courts for over 30 years and its use by law firms like other businesses has gradually increased. One use that has not been developed is the use of videoconferencing and other remote electronic means of communication for the attendance by lawyers at civil depositions.

Although accurate statistics are not available at the federal or state level, court statistics and information from professionals suggest that as many as 20 million depositions a year take place in civil litigation across the country but few use video or other remote electronic means.
Read More…

New Technology Alters the Terrain on Accessibility of Backup Tape Data

By Gerard BrittonDirector of Investigative and Compliance Services and Richard DavisDirector of Litigation Risk Management Servicesboth of Constantine & Aborn Advisory Services, LLC

By now, most litigators are aware that under the amended Federal Rules of Civil Procedure (FRCP) the e-discovery of electronically stored information (ESI) contained within backup tapes is generally considered presumptively unduly burdensome because of the relatively high costs associated with accessing their contents.

Courts have considered e-discovery of such tapes a special case, requiring procedures such as sampling to determine the probable existence of relevant information as well as judicial determinations regarding the merits of restoring tapes and the apportioning among parties of the costs associated with these restorations.
Read More…

The Care and Feeding of Court Reporters

By Judge Barbara Hanson Nellermoe,
45th District Court, Bexar County, San Antonio, Texas

Much of our work depends upon creating a clear, clean record for posterity. We depend upon such records to support the evidence establishing a claim or defense, a right or responsibility, an agreement between the parties, or a moment of clarity when lucidity is fleeting.

And we strive to preserve such records in a pressure cooker – the courtroom, the conference room, the board room, on the telephone, before a video camera – environments that do not necessarily lend themselves to accurate recall.

Have you ever relived your latest devastating cross-examination in your mind and then choked as you re-read key responses as [unintelligible] in the deposition transcript?
Read More…

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The Need and Market for Legal Video Depositions

New Technology Alters the Terrain on Accessibility of Backup Tape Data

The Care and Feeding of Court Reporters

Should Lawyers Use Metadata?

Google™ to the Rescue!

Schedule Your Depo Now!

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The Plaintiff’s Practical Guide to E-Discovery
Read article »
Should Lawyers Use Metadata?
Read article »
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Deposition Video Services-Worldwide!
Worldwide Private Investigators and Detectives Directory
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The following are questions actually asked of witnesses by attorneys during trials and, in certain cases, the responses given by insightful witnesses:
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“Now doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the next morning?”
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“Was it you or your younger brother who was killed in the war?”
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“Did he kill you?”
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“How far apart were the vehicles at the time of the collision?”
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“You were there until the time you left, is that true?”
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Reported in the Massachusetts Bar Association Lawyers Journal

© 2006-2008, Courtroom Questions at matafun.com