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Anticipation of Litigation Advisor

Jackson Kelly PLLC Blog: Anticipation of Litigation Advisor

November 16, 2018

By: Sarah A. Phipps and Chacey R. Malhouitre

Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.

Admissibility of Electronic Evidence

by Sarah Phipps

A party may wish to introduce several types of electronic evidence at trial, including email, text messages, and instant messages; digitally stored data; digital photographs; and social media information.  Multiple rules of evidence will apply in these scenarios.  However, the admission of electronic evidence requires navigating a number of hurdles presented by the Federal Rules of Evidence.  Click here to read more.

To What Extent Does the Mediation Privilege Protect Communications with the Mediator? Location Matters

by Chacey Ford

At the beginning of most mediations, parties routinely hear that any information shared in the mediation is confidential and that the mediator cannot be called into court as a witness to testify regarding what occurred at mediation.  Many states have mediation statutes or rules to this effect, and the parties may execute a mediation agreement embodying these concepts.  The idea is to allow for frank discussions with the mediator—a neutral third-party—to facilitate settlement.   Click here to read more.

 

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