John Maley: Here is how you can navigate third-party discovery
Third-party discovery rules at the state and federal level are similar but have significant differences.
discovery
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User-friendly data: Lawyer-technologists launch new software to address e-discovery problems
A developer of software that comprehensively tracks e-discovery progress in real time describes his team’s inspiration this way: “What we tried to do was take away some of the barriers because people go to law school to be lawyers not to learn software or how to put together Excel spreadsheets … We wanted to create something that was the path of least resistance for people. They just log in and get all the critical information they need.”
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Legal pros on demand: Latitude Indiana to provide attorneys, legal services for short-term needs
A new legal services company rooted in Nashville has recently settled in Indianapolis, with a Hoosier attorney at the helm. Latitude, a Tennessee-based legal services provider founded in 2014, announced the establishment of its Indiana office last month. The company claims it will provide on-demand, sophisticated attorney expertise for Indiana corporations and law firms while increasing flexibility and reducing costs.
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Articles
Prosecutors say Donald Trump’s hush money trial should start April 15 without further delay
New York prosecutors on Thursday urged a judge to start Donald Trump’s hush money criminal trial on April 15, saying the defense’s calls for further delays or dismissal of the case because of a last-minute evidence dump were a “red herring.”
Contempt ruling involving adult theater in Clarksville overturned
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.
Federal judge orders city to produce some, but not all, IMPD documents related to death of Herman Whitfield
Several police documents related to the death of Herman Whitfield III can be withheld until the criminal cases against two officers involved in his death are resolved, a judge has ruled. But other documents not related to the criminal cases must be produced.
Health entities providing gender transition care turn to court to quash attorney general’s request
Three health care entities urged a Marion County judge to quash civil investigative demands from Attorney General Todd Rokita on Tuesday, part of an ongoing battle over gender transition care.
DCS found in contempt for not searching current, former directors’ emails in child death case
A Hendricks Superior Court judge has found the Indiana Department of Child Services in civil contempt for failing to search the emails of its current and former directors in a case involving a 4-year-old who was killed.
DCS discovery production in contentious civil case included emails to director, but parties dispute implications
The Indiana Department of Child Services produced discovery in a civil case that shows the department’s director received emails about a 4-year-old killed by his parents, but the agency and plaintiff disagree about the implications of the messages.
Discovery, motions, parties most common delays in ADR: How arbitrators untangle common process issues
Michael Bishop is a commercial arbitrator. It doesn’t really matter how big any particular case is — the process is essentially the same, which means he’ll see extended delays from the smallest of consumer cases all the way up to large contract cases.
Magistrate grants motion to stay discovery in case brought by former ICE detainees
A federal magistrate judge has granted local defendants’ motion to stay discovery in a case involving noncitizen U.S. Immigration and Customs Enforcement detainees at the Clay County Jail while a motion to dismiss is pending.
Motion to compel was ‘close enough to a wash’ that sanction award wasn’t warranted, COA rules in reversal
A trial court’s order for two people to pay expenses related to a discovery dispute wasn’t warranted because the defendants’ underlying motion to compel wasn’t completely successful.
DTCI: Pathways Pilot Project: What it could mean for litigators
The Civil Case Management Pathways Pilot Project took flight on June 1. The Indiana Supreme Court established seven courts that will assign new cases to “pathways”: streamlined, complex and general.
Indy officers indicted for Whitfield’s death secure stay of discovery in federal case
The two Indianapolis police officers who are facing criminal charges related to the death of Herman Whitfield III have secured a partial stay of the proceedings in a related federal civil case.
Children of ex-fertility doctor Cline must give DNA sites permission to share information in Netflix lawsuit
Three of the children who were fathered by disgraced Indianapolis fertility specialist Donald Cline must permit DNA testing websites to share information about the privacy settings they used on the websites.
IndyBar: Special Masters a Special Solution
The Indiana Commercial Court Rules and a trend in the commercial courts provide judges with the discretion to appoint a special master to address and resolve discovery nightmares before they even begin.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.
COA has ‘little doubt’ state violated discovery rule in child molesting case
Bungled communications by law enforcement officials over whether a polygraph was admissible in court has resulted in the Court of Appeals of Indiana affirming the exclusion of the evidence against a defendant in a child molestation case and sanctions against the state.
IN justices to consider discovery case involving ‘problematic’ precedent
Indiana Supreme Court justices this month will hear oral arguments on petition to transfer in a case in which the Court of Appeals of Indiana, despite “problematic” precedent, upheld the denial of a defendant’s motion to compel evidence of unredacted copies of the police report in his case.
COA reverses criminal conviction after jailed defendant didn’t receive case file
A Vanderburgh County man will get a second day in court after the Court of Appeals of Indiana reversed his criminal conviction, finding in part that his inability to get his case file while in jail violated his right to due process.
Despite ‘problematic’ precedent, COA upholds denial of defendant’s motion to compel police report
Despite having concerns about the continued viability of a 1985 Indiana Supreme Court decision, the Court of Appeals of Indiana upheld the denial of a defendant’s motion to compel evidence of unredacted copies of police reports based on that precedent.
COA: No 5th Amendment protection for liquidator from order to produce unredacted documents
A liquidating company cannot avoid a court order to produce unredacted documents using the argument that the Fifth Amendment protects them, the Court of Appeals of Indiana ruled Wednesday.