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The Legal Intelligencer
    • Eastern District Practice

    A New Resource for Federal Criminal Discovery

    The Legal Intelligencer

    Tuesday, January 10, 2012

    In federal civil litigation there is a well-defined procedure for mutual discovery for all parties. Civil discovery has become so extensive and complex that the courts have engaged in efforts to limit the practice, with mixed success. One Eastern District judge recently described the scope of e-discovery in a case before him as "staggering." The American College of Trial Lawyers formed a task force to study the growing demands of civil discovery and in 2008 issued a white paper calling for reforms including a return to fact pleading.

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    Court Stakes Out New Areas of Accepted E-Discovery Costs

    The Legal Intelligencer

    Tuesday, November 8, 2011

    In a recent case in the Eastern District, Judge Legrome Davis upheld court costs of $510,137 for pretrial discovery, most of which involved e-discovery. In doing so, Davis staked out new areas of accepted costs for e-discovery that should be a guide for future litigation.

    Awarding Costs of Litigation to the Prevailing Party

    The Legal Intelligencer

    Tuesday, September 13, 2011

    This article discusses litigation costs that may be awarded to the prevailing party in a lawsuit pursuant to Local Civil Rule 54.1 and 28 U.S.C. § 1920. The article will not discuss the award of attorney fees.

    Proving Foreign Law in Federal Court and Commercial Arbitrations

    The Legal Intelligencer

    Tuesday, July 12, 2011

    This article discusses the legal requirements and practical aspects of proving the law of a foreign country in federal court and commercial arbitrations.

    A Guide to Rule 7.1(g) Motions for Reconsideration

    The Legal Intelligencer

    Tuesday, March 8, 2011

    Local Civil Rule 7.1(g) permits a party to move for reconsideration of any judicial ruling within 14 days after entry of judgment, order, or decree. This includes criminal cases. The grounds for a motion for reconsideration are found in case law.

    Advice on Being Interviewed by Federal Agents

    The Legal Intelligencer

    Tuesday, January 11, 2011

    Not long ago members of the business community were seldom interviewed by a federal criminal investigator, except when the business person or his company was the victim of a crime, or the person was a witness to some event under investigation unrelated to the business.

    Magistrate Judges as Candidates for the District Court

    The Legal Intelligencer

    Tuesday, November 9, 2010

    In Chicago, the Northern District of Illinois, five former magistrate judges have been promoted to seats on the district court. In New Jersey, eight former magistrate judges have been appointed to the federal district court, including one who is now on the 3rd U.S. Circuit Court of Appeals. In the Eastern District of Pennsylvania, there has been none.

    The Eastern District's Procedures for Post-Trial Contact With Jurors

    The Legal Intelligencer

    Tuesday, September 14, 2010

    There are two different reasons for counsel to seek to interview jurors after a trial: to expose improper outside influence on the jurors or to obtain the jury's evaluation of the attorney's performance. Each has its own procedure, which must be carefully followed.

    Juror Note-Taking: Courts Weigh Benefits and Concerns

    The Legal Intelligencer

    Tuesday, July 13, 2010

    Note-taking by jurors, similar to permitting jurors to ask questions, once was generally discouraged but it is now becoming widely accepted. The arguments against note-taking are that the best note-takers, or perhaps the only note-taker, may dominate jury deliberations. Some critics assert that jurors will attach too much significance to their notes, merely because there is a writing, and attach too little significance to their independent memory. The opponents argue that the jurors who generally are not experienced in note-taking may accentuate irrelevances in their notes and ignore substantial issues or evidence. Also, note-taking jurors may not pay sufficient attention to the witnesses' on-the-stand demeanor and behavior, which is very important in assessing credibility.

    A Proposal for Defense Counsel's Discovery at Sentencing

    The Legal Intelligencer

    Tuesday, May 11, 2010

    Historically, there has been a reluctance on the part of legislators and the courts to grant discovery to the defendant in a criminal case. This is attributable to the long-held view that any information given to the defendant will likely result in perjured defenses.

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