VSB task force proposes criminal discovery reforms

Rule changes would deal with discovery

By Correy E. Stephenson
Published: May 10, 2013
Tags: Civil Procedure, Discovery, Federal Courts

Lawyers are concerned that discovery is getting out of hand. The masses of data that are part of everyday operations in modern organizations are generating ever-more complicated discovery demands, even in simple cases. Responding to concern from litigators nationwide, the U.S. Courts’ Advisory Committee on Rules of Civil Procedure recently approved proposed changes to several [...]

4th Circuit limits winner’s e-discovery cost recovery

By Deborah Elkins
Published: May 2, 2013
Tags: Discovery, Federal Courts, Judge Andre M. Davis

Tech wizards may tell lawyers that e-discovery advances will cut litigation costs, but lawyers know that the more data is out there, the more their opponents want. There may have been some hope for recovery of the costs for production of electronically stored information, or ESI, under the federal taxation-of-costs statute, 28 U.S.C. § 1920(4). [...]

Supreme Court to weigh criminal discovery reform

By Peter Vieth
Published: February 28, 2013
Tags: Bar Associations, Discovery, Supreme Court of Virginia News, Virginia State Bar

After nine years of study and open conflict alternating with utter disregard, a proposal to liberalize criminal discovery in Virginia is now before the Virginia Supreme Court. With only three negative votes, the Virginia State Bar council on Feb. 23 sent to the court a recommendation for opening prosecutors’ files that emerged from a VSB-appointed [...]

Loudoun judge approves predictive coding results

By Correy E. Stephenson
Published: February 22, 2013
Tags: Discovery, Judge James H. Chamblin, Loudoun County Circuit Court, Technology

In the first case to approve the use of predictive coding over a party’s objection, a Loudoun Circuit Court judge has signed off on the defense’s computer-assisted review results in a document-heavy case. Computer-assisted review made headlines over the past year after U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York [...]

Computer-assisted review becomes more popular

By Correy E. Stephenson
Published: February 1, 2013
Tags: Discovery, Judge James H. Chamblin, Loudoun County Circuit Court, Technology

The pace for adoption of predictive coding in discovery is accelerating, say lawyers familiar with using computers for mass document review. One Virginia court was an early adopter. In April 2012, Loudoun Circuit Judge James H. Chamblin issued a two-page order allowing the use of computer-assisted review over the objection of plaintiff’s counsel, in Global [...]

An ‘unzip’ drive: Defense bar pushing new rules for broader access to prosecutors’ files

By Peter Vieth
Published: January 28, 2013
Tags: Attorney General Ken Cuccinelli, Bar Associations, Commonwealth's Attorneys, Criminal, Discovery, Public Defenders, Virginia State Bar

Weary of case-by-case skirmishing over discovery, the criminal defense bar has seized the initiative to push for broad change to the rules governing access to prosecutors’ files. Defense lawyers are one step closer to winning wider access to police reports and prosecutors’ files, as new recommendations go before the Virginia State Bar at the end [...]

Litigation pitfalls and pratfalls

By Deborah Elkins
Published: December 10, 2012
Tags: Attorneys Fees, Civil Procedure, Discovery, Employment Discrimination, Fairfax County Circuit Court, Federal Courts, Law Firms, Legal Malpractice, Personal Injury, Real Estate, Richmond Circuit Court, Sanctions, Social Media, Supreme Court of Virginia News, Year in Review

Lawyers can find plenty of ways to stay out of a courtroom. Instead of the hand-to-hand combat of a trial before judge or jury, they can opt for some form of alternative dispute resolution. But the lure of the courtroom stays strong, for a whole class of litigators and for those who just enjoy stories [...]

Surveillance says…

By Peter Vieth
Published: December 3, 2012
Tags: Criminal, Discovery, Personal Injury

Big Brother is watching, but what happens when Big Brother has to go to court to tell what he saw? That’s the question for lawyers who are increasingly using video from those ever-present security cameras as evidence in legal cases: Video has helped to convict criminal defendants. Security footage has illustrated the impact of traffic [...]

Discovery omissions costly for mine equipment company

By Peter Vieth
Published: November 15, 2012
Tags: Contract, Discovery, Federal Courts, Judge James P. Jones

A company that failed to produce documents and had two employees who gave false deposition testimony will have to foot the bill as the other side reviews more than 22,000 internal documents. An Abingdon federal judge penalized the company for discovery lapses that its lawyers blamed on the work of temporary contract attorneys hired for [...]