The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court...more
The start of the new year has brought changes to Florida’s civil practice. In June 2024, the Florida Supreme Court issued proposed amendments to the state’s Rules of Civil Procedure, which we covered here. After the comment...more
The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more
The Florida Supreme Court (Court), on its own motion, adopted amendments to the Florida Rules of Civil Procedure (Rules) earlier this year. Interested persons were given time to file comments and, upon consideration of those...more
Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we...more
We’ve written previously about sanctions that trial courts can impose on parties that, for no good reason, fail to appear for a properly noticed deposition. Courts are understandably impatient with parties that throw sand in...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
Think back-dating that email will help your case? Think again. Ford v. Jurgens, 2022 NCBC Order 9 (N.C. Super. Ct. Feb. 16, 2022) involved a dispute between a nonprofit real estate investment association (“the...more
Obtaining an award of attorneys’ fees might be the final step in a long-waged litigation battle but to do so successfully requires careful planning and diligence from the outset of a case. The Texas Supreme Court recently...more
This is the second in a series of posts evaluating the results of Exterro and Duke/EDRM’s 2019 survey of Federal district court and magistrate judges. With information from over 250 judges, the survey data offers a rich trove...more
ACEDS is thrilled to introduce our latest blogger, Sean O’Shea. Sean posts a litigation support related tip each night at http://www.litigationsupporttipofthenight.com/. Sean’s posts take a deep dive into the technical tools...more
No one likes to see the words “Motion for Sanctions”. Judges don’t like them; most lawyers don’t like to make them; and 100% of lawyers don’t want to be on the receiving end of them. And I’m not talking about discovery...more
In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex....more
Litigants must comply with rules and orders, yet must not seek to penalise opponents for immaterial breaches Overview - The Court of Appeal has allowed three consolidated appeals an earlier Court of Appeal case...more