Rules

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

Courts differ on whether untimely objections to interrogatories and requests for production (RFPs) result in waiver. The CT Install America decision highlights key distinctions under Rules 33 and 34, while Hall v. Sullivan supports a...

Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

In Rivera v. Costco, the court denied a request for a neutral forensic expert, finding the claim speculative and unsupported. The ruling emphasized that courts should be cautious when ordering forensic investigations without credible evidence...

Privilege Logs, Null Sets, Search Strings, and Number of Custodians in One Decision

A recent ruling in Cook v. Meta Platforms, Inc. provides important insights into privilege logs, null sets, search strings, and custodian disputes in eDiscovery. The court’s decision highlights the balance between compliance and undue burden...

Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul

Florida’s 2025 civil procedure rule amendments introduce mandatory case management, proportionality in discovery, and initial disclosure requirements. These reforms, modeled after federal standards, aim to streamline litigation, reduce delays, and enhance judicial efficiency. Practitioners must...

Tailor FRE 502(d) Orders to the Case

AI Hallucinations in Court: A Wake-Up Call for the Legal Profession

Fabricated Text Messages – – Some Lessons Are Never Learned

When Can a Party Refer to Produced Records as an Answer to an Interrogatory?

In Red-D-Arc Inc. v. AMP 2 LLC (2025), the court examined the proper application of Rule 33(d) for answering interrogatories via business records. It highlighted the burden on both parties and emphasized that illegible or...

Request to Produce Documents Collected “to the Present” is Improper “Rolling Discovery”

The court in Rouse v. H.B. Fuller Co. rejected a request for “rolling discovery,” emphasizing that such practices violate prior rulings on temporal limits and proportionality in discovery. This case underscores the importance of adhering...

Court Appointed a Special Master to Negotiate ESI Protocol

In UMG Recordings, Inc. v. Uncharted Labs, the court appointed Hon. James C. Francis (ret.) as a Special Master to mediate ESI Protocol disputes, facilitate settlement efforts, and expedite the case. This decision highlights the...

November’s Notable Cases and Events in E-Discovery

Keeping the Temperature Just Right for Effective eDiscovery Negotiations