Posts Tagged ‘florida ediscovery’
Recent Florida Case Ruling Warns of Dangers with Self-Collection During Discovery
Rule 26(g) Signing of Discovery Requests, Responses, and Objections is the requirement of engagement in discovery in a defensible and responsible way. The rule was created to limit abuse in discovery through the use of sanctions. Discovery is an essential part of the legal process and as a result a party should be given the opportunity to properly prepare and develop their case. Rule 26(g) is brought in when there is a range of issues originating from the handling of ESI and proper collection of data most commonly when there is evidence of spoliation, failure to produce, lack of due diligence, and in this case self-collection.
Read MoreFlorida Chief Justice Issues Updated Direction for Local and County Courts Returning to Jury Trials
Chief Justice Charles Canady has issued updates to two prior standing administrative orders (AOSC20-23 & AOSC20-32) which originally provided the guidelines that state courts were operating under during the pandemic. In addition there is a now a “best practices” memorandum which provides further clarity into new court processes.
Read MoreFlorida Supreme Court Implements ‘Daubert’ Evidence Standard After High Court Turnaround
On May 23, the Florida Supreme Court announced that the Daubert standard would be the new evidentiary standard to be applied for admissibility of expert testimony. In doing so, the new court reversed the ruling of a prior decision of the court which had adhered to the Frye standard.
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