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Rules of Evidence & Civil Procedure

Interstate Federalism Implications of a Uniform Code of State Civil Procedure: Lessons From the Draft of the Third Restatement of Conflict of Laws and Shady Grove
November 08, 2022 EDT
Interstate Federalism Implications of a Uniform Code of State Civil Procedure: Lessons From the Draft of the Third Restatement of Conflict of Laws and Shady Grove
Glenn Koppel

This article uses the draft Third Restatement of Conflict of Laws to examine the interstate federalism implications of a uniform code of civil procedure.

Using Policy to Resolve the Circuit Split Over the Crime-Fraud Exception to the Attorney-Client Privilege
April 21, 2020 EDT
Using Policy to Resolve the Circuit Split Over the Crime-Fraud Exception to the Attorney-Client Privilege
Blake R. Hills

This article addresses the circuit split over determining the burden of proof for establishing that the exception applies.

"The Perfect is the Enemy of the Good:" The Case for Proportionality Rules Instead of Guidelines in Civil E-Discovery
January 28, 2019 EDT
“The Perfect is the Enemy of the Good:” The Case for Proportionality Rules Instead of Guidelines in Civil E-Discovery
Leah M. Wolfe

Rules—not mere guidelines—order civil litigation. However, in the context of electronic discovery, judges have been remarkably reluctant to treat these rules as anything more than broad guiding principles.

Metadata in Digital Photography: The Need for Protection and Production of this Silent Witness
September 08, 2018 EDT
Metadata in Digital Photography: The Need for Protection and Production of this Silent Witness
James E. Bibart

Discovery encompassing electronically stored information is ever evolving, and rules of civil procedure and evidence are being manipulated to accommodate the demands of advancing technology and its role in litigation.