The 2015 Amendments to the Federal Rules of Civil Procedure fundamentally altered spoliation of evidence cases with requiring wronged parties to prove ESI was lost with an “intent to deprive.” If a party can prove there was “intent” with the destruction of ESI, then a court may “presume that the lost information is unfavorable to […]

 
Category Evidence,Forensics

“Right, my phone. When these things first appeared, they were so cool. Only when it was too late did people realize they are as cool as electronic tags on remand prisoners.” David Mitchell, Ghostwritten I admit that I am not an early adopter of technology.  I have never stood in line for a new mobile […]

 
Category Evidence,FRCP

Black’s Law Dictionary defines “discovery” as the “[c]ompulsory disclosure, at a party’s request, of information that relates to the litigation.” That definition is as accurate as a one sentence definition can be, but it leaves out an important point: not turning over information that may be covered by another party’s request. Redaction of information from […]

 
Category Evidence

Sometimes I go off-topic for this blog simply because I am intrigued. Tears and the emotions behind them fall into that category. Can they be construed as evidence? We all know that people cry for a lot of reasons. We shed tears because of sadness, anxiety, or even just when chopping onions. There are many physical […]