Rules 26b and 34 of the Federal Rules of the Federal Rules of Civil Procedure instruct that information stored on computers is discoverable under the same rules that apply to tangible, written materials.[1] According to Principle 12 of The Sedona Principles:[2] Absent party agreement or court order specifying the form or Read more…
When a party or attorney is confronted by a motion by the opposing party or opposing counsel, the primary focus is usually on what they are attempting to accomplish. And that is absolutely appropriate – what if upon review you determine that your client does not oppose or actually agrees Read more…
Hypothetical Plaintiffs serve discovery requests for special interrogatories and production of documents on your clients, the Defendants. At the time, you had just undergone a planned surgery and thus were in no shape to be able to timely respond. As a result, you request and are granted several extensions to Read more…
A protective order is a means by which the court shields a party, deponent, or other natural person or organization from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” In the context of litigation, it is often used by the parties to limit the scope, frequency or method Read more…
Service by Notice and Acknowledgement of Receipt (Code Civ. Proc. § 415.30) is the recommended method of serving a summons on a known-to-be represented party or an unrepresented party who you believe to be amenable to such service. This then alleviates the need to track down the party and engage Read more…