Companies often compile spreadsheets or other documents that are helpful to better understand the facts of the case or to evaluate claims made by witnesses. I try to keep an eye out for documents like employee directories, monthly financial statements, and organization charts.
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While the discovery rules are technically uniform within a jurisdiction or, to some extent, nationwide, different judges take different approaches in enforcing them. Accordingly, a lot of discovery disputes involve lawyers huffing and puffing about how they know what the rules are and how shocked they are that the other side is brazenly violating them, only to later see the judge sees it all a different way.
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How do you start a lawsuit? The answer in a lot of places and under many situations is by electronically filing a document!
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I think that the best lawyers read court decisions constantly to know what the latest interpretations of the law are. And I confirm that any lawyer that submits a citation to a case in court should actually read the case to understand it and the applicable law.
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Beyond collaborating on documents, online storage is important to make sure important documents can be easily found in one place and are not vulnerable to destruction if a computer or disk is lost or destroyed. And I understand that online storage is very inexpensive right now.
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Labor cases are resolved fairly quickly, especially those involving layoffs. Normally the conciliation occurs within a month, and if there is no agreement between one and three months there is a trial.
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Israel does not have much evidence exchange before trial. The only requirement is that parties to a dispute are obliged to forward relevant documents to their counterparty. Then, after the last pretrial hearing, the judge usually orders the parties to file their evidence with the court by sworn affidavits.
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Lawyers also need to make sure that documents are coded for privilege and redacted, even if the documents are not responsive to a document request. This is because a document may be produced because it is the family member of (attached to or embedded in) another document that is responsive to a document request and is thus subject to production.
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How does someone take thousands of emails and decide which get produced? And are there a bunch of complicated rules and procedures that would surprise someone who doesn’t do this all the time? The answers are “a variety of ways” and “yes.”
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Lawyers in British Columbia only have to wear a gown for civil trials and when appearing before the Courts of Appeal and the Supreme Court of Canada.
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Land matters are complex since a lot of the testimony comes from old people and some have a hard time traveling from other islands. Rules for intervention during a case are lax, so people will often show up midway through a case. Some land cases in Palau last literally decades.
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Theoretically, China has the system of people’s jurors. In many cases, a tribunal of three members may be composed of one or two jurors. However, as of now, jurors really only sit to meet the quorum of a tribunal of three members. They will not actually decide any facts though they do have the power theoretically. Instead, the presiding judge will decide the facts.
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