FITBIT, FACEBOOK, AND MORE: USING TECHNOLOGY TO YOUR ADVANTAGE AT THE CLAIMS LEVEL AND IN LITIGATION
|
|
- Bonnie Lesley Fields
- 5 years ago
- Views:
Transcription
1 FITBIT, FACEBOOK, AND MORE: USING TECHNOLOGY TO YOUR ADVANTAGE AT THE CLAIMS LEVEL AND IN LITIGATION by Samantha J. Orvis Garan Lucow Miller, P.C. Genesee County Office S. Saginaw, Bldg. D Grand Blanc, MI Phone: (800) Fax (810) Sorvis@garanlucow.com GARAN LUCOW MILLER SPRING BREAKFAST SEMINAR MAY 23, 2018 D e t r o i t T r o y P o r t H u r o n G r a n d B l a n c L a n s i n g A n n A r b o r G r a n d R a p i d s T r a v e r s e C i t y M e r r i l l v i l l e, I N
2 Fitbit, Facebook, and More: Using Technology to Your Advantage at the Claims Level and in Litigation ADMISSIBILITY OF ELECTRONICALLY STORED INFORMATION (ESI) I. Obtaining and Preserving Information i. Send discovery preservation letters from the outset of litigation applies to not just traditional electronically stored information, but also to social media postings and wearable device logs/data ii. Ask questions via interrogatory and deposition to help with authentication iii. Include discovery requests for wearable device data or social media account information iv. Must establish ownership/control a. Narrow user down to admit use of social media account (or health data app etc) in question b. Need to admit what device used c. Ask if they posted the content specifically v. When locating content, you need to preserve it. Can be challenging given changing technology and static nature of site content. a. When printing hard copy, make sure to include header/footer with date/time stamp, record of website address of document II. Evidentiary Rules i. Foundation a. Laying a foundation who obtained the information? 1. Witness will need to testify that he/she printed out the information, that he/she recalls its appearance, and it is recognized as such b. Consider experts in ESI to analyze data from wearable devices, social media sites, or other smart technology Page 1 of 6 Samantha J. Orvis
3 ii. Authentication (MRE 901) a. Need proof of ownership critical to authentication 1. Have to show not only that the person owns the account, but that they authored the content/post 2. Why authentication is such a big deal a. Parody accounts reflect comments or views of someone pretending to be someone else 3. More challenging ways to obtain information to authenticate: a. Search computer of person who allegedly created profile and posting; examine computer internet history and hard drive if used to determine if computer used to originate the profile/posting in question; b. Search computer applications and obtain information stored on clouds or by health applications c. Subpoena the companies directly that links establishment of profile/accounts/data to person SOCIAL MEDIA ACCOUNTS I. Case Law Admissibility of Electronic Evidence a. Michigan i. People v. Dunn, 2016 Mich. App. LEXIS 942, 2016 WL (unpublished) 1. Social media posts by Sean Smoke criminal defendant; Friends of defendant confirmed it was his alias and his Facebook account 2. Court held that this was sufficient evidence to establish that the posts were made on a page belonging to defendant. See MRE 901(b)(1). See also Campbell v State, 382 SW3d 545, 550 (Tex App 2012) (recognizing that one of the problems with authenticating social media postings is that "anyone can establish a fictitious profile under any Page 2 of 6 Samantha J. Orvis
4 name"); Smith v State, 136 So 3d 424, 432 (Miss 2014) (same). ii. People v. Thomas, 2016 Mich. App. LEXIS 1649, 2016 WL (unpublished) 1. Criminal defendant argues Facebook posting admitted into evidence without proper foundation. 2. Court disagreed: A witness who had personal experience with the defendant s Facebook page testified that the evidence at issue undoubtedly was what the prosecution claimed. i.e. a screen shot from his Facebook page; Although there was testimony from a witness that speculated that page could have been hacked and comment posted by someone else, speculation unsupported by evidence. 3. Court did not abuse discretion by admitting the Facebook page and comment into evidence. 4. The authentication requirement "is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." MRE 901(a). One way of authenticating evidence is by the testimony of a witness with knowledge of the evidence, MRE 901(b)(1). "'It is axiomatic that proposed evidence need [not] be free of weakness or doubt. It need only meet the minimum requirements for admissibility.'" People v McDade, 301 Mich App 343, 353; 836 NW2d 266 (2013), quoting People v Berkey, 437 Mich 40, 52; 467 NW2d 6 (1991). iii. People v. Fakher Haydar Al-Yasiry, 2016 Mich. App. LEXIS 1584 (unpublished) 1. Criminal Defendant argued that proper foundation for admitting Facebook photograph not established 2. Court found only necessary foundation was for admission of photograph someone familiar from personal observation testifies that photograph is an accurate representation Page 3 of 6 Samantha J. Orvis
5 iv. Yousif v. State Farm Mut. Auto. Ins. Co., 2018 Mich. App. LEXIS 395, 2018 WL (unpublished) 1. Suit for first party PIP benefits. Trial court granted MSD for Defendant State Farm and Plaintiff appealed court order denying his motion for reconsideration. 2. Defendant filed MSD based on Bahri (fraud) because Facebook posts contradicted plaintiff s claims of injury and physical limitations/disability. Court of appeals affirmed. 3. Court did not take up evidentiary issues associated with potential admissibility of social media/facebook posts at time of trial. b. Other Jurisdictions i. Trail v Lesko (Pennsylvania) Both parties sought access to the other s social networking accounts, but the court denied the requests due to intrusive nature not offset by showing that discovery would assist parties in presenting their cases. Pennsylvania Court Rules (Rule 4011, limits scope of discovery) cannot be in bad faith; or cause unreasonable annoyance, embarrassment, oppression, burden, or expense 1. A requesting party must show sufficient likelihood that such an account would include relevant information that is not otherwise available before being granted access to it. 2. In determining whether an intrusion is unreasonable, courts to consider the level of intrusion weighed against potential value of discovery to party seeking it. ii. Griffin v State (Maryland) - Criminal case where trial judge found to have abused discretion in allowing admission of evidence from defendant s girlfriend s MySpace profile, without proper authentication. 1. State identified only the date of birth of the creator and her visage in a photograph on the site (not enough to authenticate)! Page 4 of 6 Samantha J. Orvis
6 2. Maryland Court Rules (Rule 5-901) Requirement of authentication or identification iii. Tienda v State (Texas) Court properly admitted the contents of social networking web pages under Tex. R. Evid. 901 because there was evidence to support a finding that the exhibits were what they purported to be web pages which defendant was responsible for; there were numerous photographs of defendant with his unique arm, body, and neck tattoos. 1. Considered extrinsic and circumstantial evidence to support a finding that the web pages belonged to the defendant and that he created/maintained them. 2. Evidence can be authenticated by direct testimony from witness with personal knowledge, by comparison with other authenticated evidence, or by circumstantial evidence. 3. Texas Court Rule (901) Authenticating or Identifying Evidence iv. Smith v State (Mississippi) Facebook messages purporting to be from criminal defendant were not properly authenticated, but admission of Facebook messages was harmless beyond reasonable doubt, so judgment of conviction confirmed. 1. Electronic evidence can be authenticated by traditional means and is adequately covered by current rules of evidence 2. Miss. R. Evid. 901 Authenticating or identifying evidence. 3. Automated messages are not hearsay because messages sent within Facebook and sent via notification, are not statements a statement is defined as an assertion of a person v. Romano v Steelcase Inc. (New York) 1. Defendant sought information and access to plaintiff s social networking pages and accounts, relevant to nature and extent of injuries being claimed in suit Page 5 of 6 Samantha J. Orvis
7 2. The court determined there was a reasonable likelihood the private portions of the plaintiff s pages might then contain further evidence relating to her activities and enjoyment of life, all of which were material and relevant to the defense. 3. No reasonable and legitimate expectation of privacy when posting things on a sharing forum Cases outlined above are attached in full text for reference. Page 6 of 6 Samantha J. Orvis
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
Evidence. Admissibility of Social Media Evidence in Illinois
January 2017 Volume 105 Number 1 Page 38 The Magazine of Illinois Lawyers Evidence Admissibility of Social Media Evidence in Illinois By Richard S. Kling, Khalid Hasan, and Martin D. Gould Social media
More informationAdmissibility of Social Media Evidence in Illinois
BY RICHARD S. KLING, KHALID HASAN, AND MARTIN D. GOULD RICHARD S. KLING is a practicing criminal defense attorney and Clinical Professor of Law at Chicago Kent College of Law in Chicago, where he has been
More informationAdmissibility of Electronic Evidence
Admissibility of Electronic Evidence PAUL W. GRIMM AND KEVIN F. BRADY 2018 Potential Authentication Methods Email, Text Messages, and Instant Messages Trade inscriptions (902(7)) Certified copies of business
More informationAdmissibility of Electronic Writings: Some Questions and Answers*
John Rubin, May 2011 UNC School of Government Rev d by Shea Denning, April 2013 Admissibility of Electronic Writings: Some Questions and Answers* The defendant allegedly made a statement in the form of
More informationAdmissibility of Electronic Writings: Some Questions and Answers*
John Rubin UNC School of Government Rev d May 19, 2011 Admissibility of Electronic Writings: Some Questions and Answers* The defendant allegedly made a statement in the form of an email, text message,
More informationOriginal Writing Privilege Relevance Authentication Hearsay. Donald Beskind, Raleigh Attorney
June 2009 Original Writing Privilege Relevance Authentication Hearsay Donald Beskind, Raleigh Attorney 15 year-old Johnnie is accused of communicating threats to 14 year-old George. During the adjudication
More informationArticle Series: Discoverability of Social Media
Article Series: Discoverability of Social Media By: Elizabeth M. Lally May 29, 2014 Introduction: SOCIAL MEDIA AS A DOCUMENT In this series of articles we will discuss how to obtain social media information
More informationETHICAL & OTHER ISSUES WITH SOCIAL MEDIA DISCOVERY. ediscovery & eevidence (LAW 6629) October 31, 2016
ETHICAL & OTHER ISSUES WITH SOCIAL MEDIA DISCOVERY ediscovery & eevidence (LAW 6629) October 31, 2016 Knowing What s Out There Over 1 billion unique users each month; 400 hours of video are uploaded to
More informationBRIEF OF THE APPELLANT
E-Filed Document Feb 2 2018 15:26:36 2017-KA-01455-COA Pages: 12 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI LADALE AIROSTEVE HOLLOWAY APPELLANT v. No. 2017-KA-01455-COA STATE OF MISSISSIPPI APPELLEE
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS TONYA S. FIELDS, Petitioner-Appellee, UNPUBLISHED May 23, 2017 v No. 329669 Genesee Circuit Court DENISE R. KETCHMARK, LC No. 2015-104824-PH Respondent-Appellant. Before:
More informationby Robert J. Permutt, Esq. Assistant General Counsel Lead, Nationwide Insurance Company Mirna M. Santiago, Esq.
by Robert J. Permutt, Esq. Assistant General Counsel Lead, Nationwide Insurance Company Mirna M. Santiago, Esq. Chair Torts, Insurance & Compensation Law Section, New York State Bar Association Of Counsel
More informationWHAT IS A DEPOSITION?
by Robert J. Permutt, Esq. Assistant General Counsel Lead, Nationwide Insurance Company Mirna M. Santiago, Esq. Chair Torts, Insurance & Compensation Law Section, New York State Bar Association Of Counsel
More informationclarkhill.com E-DISCOVERY, LITIGATION AND MOBILE DEVICES
E-DISCOVERY, LITIGATION AND MOBILE DEVICES General Principles of E-Discovery Authentication and Admission of ESI Expert Testimony: The Frye and Daubert Tests E-DISCOVERY Discovery is the process in li0ga0on
More informationSTATE OF LOUISIANA NO K-1359 VERSUS COURT OF APPEAL DEMONTRE SMITH FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *
STATE OF LOUISIANA VERSUS DEMONTRE SMITH * * * * * * * * * * * NO. 2015-K-1359 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA ON APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH
More informationLAW FAX. A Publication for Insurance Providers and Adjusters
FROM THE LAW OFFICES OF Volume XXI, No.1 January 5, 2009 LAW FAX A Publication for Insurance Providers and Adjusters www.garanlucow.com Garan Lucow Miller, P.C. 1111 West Long Lake Road, Suite 300 Troy,
More informationWeb 2.0 to the Rescue Using the Internet to Bolster Your Defense
Web 2.0 to the Rescue Using the Internet to Bolster Your Defense Christy M. Mennen Nilan Johnson Lewis 400 One Financial Plaza 120 South Sixth St. Minneapolis, Minnesota 55402 (612) 305-7520 (612) 305-7501
More informationFourteenth Court of Appeals
Reversed and Remanded and Memorandum Opinion filed August 26, 2014. In The Fourteenth Court of Appeals NO. 14-13-00750-CV FRANKLIN D. JENKINS, Appellant V. CACH, LLC, Appellee On Appeal from the Civil
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 16, 2015 v No. 318473 Bay Circuit Court MARK JAMES ELDRIDGE, LC No. 12-011030-FH Defendant-Appellant.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PASTOR IDELLA WILLIAMS, Plaintiff-Appellant, UNPUBLISHED February 2, 2016 v No. 323343 Kent Circuit Court NATIONAL INTERSTATE INSURANCE LC No. 13-002265-NO COMPANY, and
More informationElectronic Evidence Issues in District Court. Discussion Questions. June 2009
1 Cheryl Howell School of Government Electronic Evidence Issues in District Court Discussion Questions June 2009 1. Juvenile delinquency court. 15 year-old Johnnie is accused of communicating threats to
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiff-Appellee, UNPUBLISHED December 15, 2015 APPROVED FOR PUBLICATION February 9, 2016 9:00 a.m. v No. 323019 Ingham Circuit
More informationPRETRIAL INSTRUCTIONS. CACI No. 100
PRETRIAL INSTRUCTIONS CACI No. 100 You have now been sworn as jurors in this case. I want to impress on you the seriousness and importance of serving on a jury. Trial by jury is a fundamental right in
More informationv No Wayne Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED April 12, 2018 v No. 336656 Wayne Circuit Court TONY CLARK, LC No. 16-002944-01-FC
More informationINSTRUCTIONS AFTER JURY IS SWORN
Revised 10/15/12 INSTRUCTIONS AFTER JURY IS SWORN Ladies and Gentlemen of the jury, you have been selected as the jury in this case. As you know this is a criminal case, and to assist you in better understanding
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LAWTON & CATES, S.C., Plaintiff/Counter-Defendant- Appellee, UNPUBLISHED September 21, 2010 v No. 290479 Wayne Circuit Court INTERNATIONAL BROTHERHOOD OF LC No. 06-633728-CK
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 29, 2016 v No. 328225 Oakland Circuit Court NICKELUS GRANNUM-EMERSON, LC No. 2015-253174-FH
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS BARBARA LAGACE, Plaintiff-Appellant, UNPUBLISHED June 14, 2011 v No. 294946 Bay Circuit Court BAY REGIONAL MEDICAL CENTER, LC No. 09-003087 JANE/JOHN DOE, and GINNY WEAVER,
More informationEvidentiary Challenges in Divorce Cases: From Writings and Photos to Text Messages and Social Media
Presenting a live 90-minute webinar with interactive Q&A Evidentiary Challenges in Divorce Cases: From Writings and Photos to Text Messages and Social Media Authenticating, Admitting and Objecting to Admission
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 18, 2016 v No. 327733 Wayne Circuit Court DORIAN WILLIE WALKER, LC No. 14-011073-01-FC Defendant-Appellant.
More informationv No Wayne Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 19, 2018 v No. 339785 Wayne Circuit Court MATTHEW JEFFREY GORDON, LC No.
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Melissa N. Thomas, v. Plaintiff, Abercrombie & Fitch Stores, Inc., et al., Case No. 16-cv-11467 Judith E. Levy United States
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant/Cross-Appellee, FOR PUBLICATION May 2, 2006 9:00 a.m. v No. 259014 Oakland Circuit Court DWIGHT-STERLING DAVID JAMBOR,
More informationSocial Media Evidence in Personal Injury Litigation: Admissibility Challenges
Presenting a live 90-minute webinar with interactive Q&A Social Media Evidence in Personal Injury Litigation: Admissibility Challenges Navigating Authentication, Relevance and Hearsay Issues to Keep Out
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS JANICE WINNICK, Plaintiff-Appellant, UNPUBLISHED October 30, 2003 v No. 237247 Washtenaw Circuit Court MARK KEITH STEELE and ROBERTSON- LC No. 00-000218-NI MORRISON,
More informationAvoiding the Deposition Debacle: Tips for Successfully Taking and Defending the Insurer s Corporate Deposition
Avoiding the Deposition Debacle: Tips for Successfully Taking and Defending the Insurer s Corporate Deposition Joan M. Cotkin Nossman LLP Christopher C. Frost Maynard Cooper & Gale, P.C. Darren Teshima
More informationTHE INTERNET IN THE COURTROOM IS IT ADMISSIBLE? Judge Michael Fitzpatrick I. INTRODUCTION.
THE INTERNET IN THE COURTROOM IS IT ADMISSIBLE? Judge Michael Fitzpatrick I. INTRODUCTION. A. Electronically stored information (ESI) and social media are omnipresent. 1. Over a billion people use Facebook
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS MARK SINDLER, Plaintiff/Counter Defendant- Appellee, UNPUBLISHED March 31, 2009 V No. 282678 Delta Circuit Court FARMERS INSURANCE EXCHANGE, LC No. 06-018710-NO Defendant/Counter
More informationELECTRONIC EVIDENCE IN FEDERAL COURT
2 @LAW THE NALS MAGAZINE FOR LEGAL PROFESSIONALS FALL2016 ELECTRONIC EVIDENCE IN FEDERAL COURT By Jonathan D. Frieden, Esq. Technology s pervasive reach and society s mounting dependence upon it often
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS EKATERINI THOMAS, Plaintiff-Appellant, UNPUBLISHED March 20, 2008 v No. 276984 Macomb Circuit Court ELIZABETH SCHNEIDER, LC No. 05-004101-NI Defendant-Appellee. Before:
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS MARITA BONNER and DUANE BONNER, Plaintiff-Appellants, UNPUBLISHED December 18, 2014 v No. 318768 Wayne Circuit Court KMART CORPORATION, LC No. 12-010665-NO Defendant-Appellee.
More informationGetting Better Every Day: The Recent Amendments to FRE 902
Feature Article Donald Patrick Eckler Pretzel & Stouffer, Chartered, Chicago Ashley S. Koda SmithAmundsen LLC, Chicago Getting Better Every Day: The Recent Amendments to FRE 902 The ubiquity of technology
More information2:13-cv PDB-MKM Doc # 33 Filed 10/06/14 Pg 1 of 9 Pg ID 305 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
2:13-cv-11415-PDB-MKM Doc # 33 Filed 10/06/14 Pg 1 of 9 Pg ID 305 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN MALIBU MEDIA, LLC, Plaintiff, Civil Case No. 2:13-cv-11415-PDB-MKM v.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS BRIAN BEARD, Plaintiff-Appellant, UNPUBLISHED November 4, 2010 v No. 290153 Barry Circuit Court JAMES HORTON, JR., D.O., and HASTINGS LC No. 07-000088-NH ORTHOPEDIC CLINIC,
More informationCOLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2015COA16 Court of Appeals No. 13CA0098 El Paso County District Court No. 11CR4262 Honorable Barney Iuppa, Judge Honorable David A. Gilbert, Judge The People of the State of Colorado,
More informationARTICLE IX. AUTHENTICATION AND IDENTIFICATION
AUTHENTICATION AND IDENTIFICATION 225 Rule 901 ARTICLE IX. AUTHENTICATION AND IDENTIFICATION Rule 901. Authenticating or Identifying Evidence. 902. Evidence That is Self-Authenticating. 903. Subscribing
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS FRANK SALO, Plaintiff-Appellant, UNPUBLISHED April 1, 2014 v No. 314514 Ingham Circuit Court KROGER COMPANY and KROGER LC No. 12-000025-NO COMPANY OF MICHIGAN, Defendants-Appellees.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED April 4, 2017 v No. 328577 Wayne Circuit Court MALCOLM ABEL KING, LC No. 15-002226-01-FC Defendant-Appellant.
More informationTAKING AND DEFENDING DEPOSITION September 26, :00-1:00 p.m. Presenter: Thomasina F. Moore, Esq.
TAKING AND DEFENDING DEPOSITION September 26, 2007 12:00-1:00 p.m. Presenter: Thomasina F. Moore, Esq. GENERAL INTRO: IMPORTANCE OF DEPOSITIONS PARTICULARLY IN DEPENDENCY CASES: I. Understanding The Different
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS JOANN GOODMAN GLINIECKI, Plaintiff-Appellant/Cross-Appellee, UNPUBLISHED June 24, 2003 v No. 238144 Midland Circuit Court STATE FARM MUTUAL, LC No. 99-001553-CK Defendant-Appellee/Cross-
More informationRULES OF EVIDENCE LEGAL STANDARDS
RULES OF EVIDENCE LEGAL STANDARDS Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. The use of digital
More informationGEORGE MASON AMERICAN INN OF COURT ELECTRONIC EVIDENCE AND TECHNOLOGY IN THE COURTROOM. March 7, 2017
GEORGE MASON AMERICAN INN OF COURT ELECTRONIC EVIDENCE AND TECHNOLOGY IN THE COURTROOM March 7, 2017 Team Members: Richard D. Kelley, Esq. Moderator Jesse R. Binnall, Esq. Lousie Gitcheva, Esq. Mikhael
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS NICK CIRENESE, Plaintiff-Appellant, UNPUBLISHED May 16, 2017 v No. 331208 Oakland Circuit Court TORSION CONTROL PRODUCTS, INC., TIM LC No. 2015-146123-CD THANE, and DAN
More informationAlternatives to Written Discovery
Alternatives to Written Discovery Russell Taber Riley Warnock & Jacobson PLC Overview Witness Interviews Internet Research Public Records Search Private Investigator Rule 31 Depositions Upon Written Questions
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS FAITH A. ORTWINE, Plaintiff-Appellee, UNPUBLISHED October 18, 2016 v No. 328268 Oakland Circuit Court GRANGE INSURANCE COMPANY OF LC No. 14-141157-NF MICHIGAN, Defendant-Appellant.
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Deutsche Bank National Trust Company, as Trust...Pooling and Servicing Agreement date v. Burke et al Doc. 55 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DEUTSCHE BANK NAT L
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS EAGLE HOMES, LLC and RODEO HOMES, INC, UNPUBLISHED July 17, 2012 Plaintiffs-Appellants, v No. 305201 Lapeer Circuit Court TRI COUNTY BANK, LC No. 09-042023-CH Defendant-Appellee.
More informationE-Discovery Best Practices: Admissibility
E-Discovery Best Practices: Admissibility Electronic evidence, no matter how probative it may be, is useless if it cannot be used in court. Thus, from the outset of a case, practitioners must pay careful
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
The Facebook, Inc. v. Connectu, LLC et al Doc. 0 Dockets.Justia.com 1 1 SEAN A. LINCOLN (State Bar No. 1) salincoln@orrick.com I. NEEL CHATTERJEE (State Bar No. ) nchatterjee@orrick.com MONTE COOPER (State
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 21, 2016 v No. 326645 Ingham Circuit Court KRISTOFFERSON TYRONE THOMAS, LC No. 14-000507-FC Defendant-Appellant.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS SPECTRUM HEALTH HOSPITALS, Plaintiff-Appellant, UNPUBLISHED February 21, 2017 v No. 329907 Kent Circuit Court FARMERS INSURANCE EXCHANGE, LC No. 15-000926-AV Defendant-Appellee.
More informationHOT TOPIC ISSUE: SPOILATION. General Liability Track, Session 3 Fifth Annual General Liability & Workers Compensation Seminar
HOT TOPIC ISSUE: SPOILATION General Liability Track, Session 3 Fifth Annual General Liability & Workers Compensation Seminar Carlock, Copeland & Stair Speaker: Scott Huray, Partner WHAT IS IT? Spoliation
More informationDepositions upon oral examination. A. When depositions may be taken. After commencement of the action, any party may take the testimony of any
1-030. Depositions upon oral examination. A. When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 14, 2016 v No. 323519 Wayne Circuit Court DEVIN EUGENE MCKAY, LC No. 14-001752-FC Defendant-Appellant.
More informationBook containing this chapter and any forms referenced herein is available for purchase at or by calling
The chapter from which this excerpt was taken was first published by IICLE in the 2018 edition of Medical Malpractice and is posted or reprinted with permission. Book containing this chapter and any forms
More informationFundamentals of Civil Litigation in Federal Court
1 Fundamentals of Civil Litigation in Federal Court Faculty: Thomas Schuck, Esq. Commencing an Action - Know the facts the Law, interview the client - no matter whether plaintiff or defendant - Interview
More informationChapter 5: The Admissibility of Electronic Evidence
Chapter 5: The Admissibility of Electronic Evidence I. Authentication... 156 A. Authentication Generally... 156 B. Authentication of Electronic Communications... 157 1. Rule 901(b)(1): Testimony of a Witness
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 26, 2013 v No. 311129 Wayne Circuit Court CURTIS DIONTE COPELAND, LC No. 12-000746-FH Defendant-Appellant.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED May 7, 2009 v No. 277505 Kent Circuit Court PATRICK LEWIS, LC No. 01-002471-FC Defendant-Appellant. Before:
More informationv No Wayne Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S KAREN MARIE KRAKE, Plaintiff-Appellant, UNPUBLISHED February 22, 2018 v No. 333541 Wayne Circuit Court AUTO CLUB INSURANCE ASSOCIATION, LC No.
More informationDISCOVERABILITY OF SOCIAL MEDIA EVIDENCE. Bianca C. Jaegge and Julie K. Lamb Guild Yule LLP
DISCOVERABILITY OF SOCIAL MEDIA EVIDENCE Bianca C. Jaegge and Julie K. Lamb Guild Yule LLP WHAT IS SOCIAL MEDIA? It encompasses a broad range of websites such as social networking sites, professional networking
More informationv No Oakland Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED September 25, 2018 v No. 337657 Oakland Circuit Court JOSEPH JOHN LESNESKIE, LC
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LISA RENEE REDFORD, Plaintiff-Appellant, UNPUBLISHED September 23, 2014 v No. 316740 St. Clair Circuit Court AUTO CLUB INSURANCE ASSOCIATION, LC No. 11-001813-NF and
More information9:30 a.m. MOTION CALL, CASE MANAGEMENT, STATUS DATES 10:00 a.m. 2:30 p.m. MATTERS SET BY THE COURT
HONORABLE FRANKLIN U. VALDERRAMA STANDING ORDER CALENDAR 3 Room 2402, Richard J. Daley Center Telephone: 312-603-5432 No Fax or Email Law Clerks: Alexandra M. Franco Samantha Grund-Wickramasekera Court
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS GREGORY TAYLOR and JAMES NIEZNAJKO, Plaintiffs-Appellees, FOR PUBLICATION October 14, 2014 9:00 a.m. v No. 314534 Genesee Circuit Court MICHIGAN PETROLEUM TECHNOLOGIES,
More informationIn The Court of Appeals Sixth Appellate District of Texas at Texarkana
In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00050-CV IN RE: TITUS COUNTY, TEXAS Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Opinion by
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 17, 2012 v No. 300966 Oakland Circuit Court FREDERICK LEE-IBARAJ RHIMES, LC No. 2010-231539 -
More informationSection 66-A Punishment for sending offensive messages through communication service, etc.
Section 66-A Punishment for sending offensive messages through communication service, etc. Any person who sends, by means of a computer resource or a communication device,- a) any information that is grossly
More informationS T A T E O F M I C H I G A N C O U R T O F A P P E A L S
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S STEVEN GARRETT and VIRGIL GARRETT, by Next Friend STEVEN GARRETT, UNPUBLISHED April 10, 2018 Plaintiffs-Appellants, v No. 337057 Washtenaw Circuit
More informationRules of Appellate Procedure, and files this Motion for Rehearing of the decision rendered by the
E-Filed Document Aug 8 2017 16:22:14 2016-CA-00215-COA Pages: 5 IN THE COURT OF APPEALS FOR THE STATE OF MISSISSIPPI NO. 2016-CA-00215 CONNIE HAWKINS, Individually and on Behalf of the WRONGFUL DEATH BENEFICIARIES
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED February 24, 2011 V No. 295776 Macomb Circuit Court ROBERT LEROY REICH, LC No. 2009-003066-FC Defendant-Appellant.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LEWIS MATTHEWS III and DEBORAH MATTHEWS, UNPUBLISHED March 2, 2006 Plaintiffs-Appellees, v No. 251333 Wayne Circuit Court REPUBLIC WESTERN INSURANCE LC No. 97-717377-NF
More informationDiscovery in Justice Court
Discovery in Justice Court Bronson Tucker, Director of Curriculum bt16@txstate.edu Resources Discovery in Civil Cases TRCP 500.9 Justice Court Discovery TRCP 190-205 County/District Discovery Rules (Guidance)
More informationCommonwealth v. Jeremy M. Amaral 09-P November 4, January 26, 2011.
Commonwealth v. Jeremy M. Amaral 09-P-2284. November 4, 2010. - January 26, 2011. Complaint received and sworn to in the Brockton Division of the District Court Department on September 18, 2007. The case
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 1, 2011 v No. 298050 Ogemaw Circuit Court JOSEPH KENNETH MANNI, LC No. 09-003343-FH Defendant-Appellant.
More informationPART III Discovery CHAPTER 8. Overview of the Discovery Process KEY POINTS THE NATURE OF DISCOVERY THE EXTENT OF ALLOWABLE DISCOVERY
PART III Discovery CHAPTER 8 Overview of the Discovery Process The Florida Rules of Civil Procedure regulate civil discovery procedures in the state. Florida does not require supplementary responses to
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 24, 2012 v No. 301049 Emmet Circuit Court MICHAEL JAMES KRUSELL, LC No. 10-003236-FH Defendant-Appellant.
More informationUNPUBLISHED September 19, 2017 LAWRENCE E. DIXON, Plaintiff-Appellant, v No Oakland Circuit Court. Defendants-Appellees.
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S LAWRENCE E. DIXON, Plaintiff-Appellant, UNPUBLISHED September 19, 2017 v No. 332831 Oakland Circuit Court OAKLAND COUNTY and TIMOTHY ATKINS, LC
More informationCASE COMMENTARY: A CURIOUS CASE OF ELECTRONIC EVIDENCE (AND PERHAPS AN ELECTRONIC SIGNATURE)
Copyright 2014 Stephen Mason CASE COMMENTARY: A CURIOUS CASE OF ELECTRONIC EVIDENCE (AND PERHAPS AN ELECTRONIC SIGNATURE) Stephen Mason A recent appeal before the Court of Appeals of Michigan, Julie Ann
More informationThe Social Media Goldmine: Maximizing Investigation Results
CLM 2016 National Construction Claims Conference September 28-30, 2016 San Diego, CA The Social Media Goldmine: Maximizing Investigation Results I. Capitalize on the Social Media Goldmine The enormous
More informationCity and County of Denver CAREER SERVICE HEARING OFFICE PROCEDURAL GUIDE. Published and Distributed by:
City and County of Denver CAREER SERVICE HEARING OFFICE PROCEDURAL GUIDE Published and Distributed by: Career Service Hearing Office Wellington Webb Municipal Office Building, First Floor 201 West Colfax
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS E & L TRANSPORT COMPANY, L.L.C., Plaintiff-Appellant, UNPUBLISHED June 25, 2002 v No. 229628 Calhoun Circuit Court WARNER ADJUSTMENT COMPANY, 1 LC No. 99-003901-NF and
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED May 17, 2012 v No. 302071 Allegan Circuit Court ALISON LANE MARTIN, LC No. 10-016790-FC Defendant-Appellant.
More informationDOCUMENTARY, VOICE IDENTIFICATION AND E-EVIDENCE -- FOUNDATIONAL REQUIREMENTS W. David Lee Superior Court Judges Fall Conference October 23-26, 2007
DOCUMENTARY, VOICE IDENTIFICATION AND E-EVIDENCE -- FOUNDATIONAL REQUIREMENTS W. David Lee Superior Court Judges Fall Conference October 23-26, 2007 Court rules governing the authentication of traditional
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS KEYS OF LIFE, and Plaintiff-Appellee, UNPUBLISHED December 27, 2016 KEITH MOWRER JR, as Next Friend of KEITH MOWRER SR, Intervening Plaintiff-Appellee, v No. 328227 Wayne
More informationTEXAS DISCOVERY. Brock C. Akers CHAPTER 1 LAW REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY
TEXAS DISCOVERY Brock C. Akers CHAPTER 1 LAW 2. 1999 REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY 3. DISCOVERY CONTROL PLANS 4. FORMS OF DISCOVERY A. Discovery Provided for by the Texas
More informationMINNESOTA JUDICIAL TRAINING UPDATE
MINNESOTA JUDICIAL TRAINING UPDATE CAUTIONARY JURY INSTRUCTIONS DURING TRIAL Problem: You re In The Middle Of Trial And Something Occurs (Usually An Evidentiary Issue) That Requires A Cautionary Instruction
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ROBERT SABAITIS and CHRISTINE SABAITIS, UNPUBLISHED January 3, 2003 Plaintiffs/Counter-Defendants- Appellees, v Nos. 231848, 232308 Washtenaw Circuit Court GREGORY C.
More informationIN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE
E-Filed Document Aug 21 2014 17:48:58 2014-KA-00188-COA Pages: 9 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI JEFFREY ALLEN APPELLANT VS. NO. 2014-KA-00188-COA STATE OF MISSISSIPPI APPELLEE BRIEF
More informationTIPS ON OFFERING EVIDENCE RELEVANCE
TIPS ON OFFERING EVIDENCE by Curtis E. Shirley RELEVANCE Indiana Evidence Rule 401: Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the
More informationEVIDENCE, FOUNDATIONS AND OBJECTIONS. Laurie Vahey, Esq.
EVIDENCE, FOUNDATIONS AND OBJECTIONS Laurie Vahey, Esq. KINDS OF EVIDENCE Testimonial Including depositions Make sure you comply with CPLR requirements Experts Real Documentary Demonstrative Visual aid
More information