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.
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 Britton, Director of Investigative and Compliance Services and Richard Davis, Director of Litigation Risk Management Services, both 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…