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Clawback Agreement PLUS Court Order

The Clawback Agreement PLUS Court Order gives you the confidence of protection when exchanging either paper documents or electronic data during discovery

Protect from inadvertent disclosure of privileged information during discovery exchange of both ESI and paper documents. Our four page discussion of law and four page form non-waiver agreement PLUS court order propels you to a finished document in a few minutes. Use it as a Standard Operating Procedure in all cases.

Important benefit to you: Our (up-to-date, Rule- 502-conformed) form applies to both electronic information and also to paper documents – and includes the needed form of court order.

Checklist for Electronic Data Discovery Deposition

You need a detailed deposition outline checklist when you take the discovery deposition of the adversary's Information Technology (IT) witness who is in charge of their Electronically Stored Information (ESI)

Electronic Records Discovery Deposition Checklist is a simple, easy to follow, means of listing the questions you should ask when you want to know what electronically stored information exists and where it is located in the computer of the adversary.

Comprehensive 26 single spaced page form outline checklist! The cost is less than $2 a page, to give you a real system to prepare quickly and efficiently for one of the toughest types of depositions to take properly!

Agreement or Order for Expert to Examine and Report ESI Contents

Is it necessary to have an expert inspect and report information from computers? Are you ready to discuss what the expert is to do?

A form gives you knowledge (what to discuss) and suggested language (how to say it) for an agreement or court order.

Our form gives you a draft agreement for an independent expert to make an examination of not only business computers, but also personal computers of persons who may not have been sued individually but are under the control of a party.

Agreement or Order for Imaging Computers

Immediate forensic imaging of computers may be your best money-saving and the best spoliation-prevention option. Use this form to get imaging of ESI at the start of litigation

Agreement or Order for Inspection of Forensic Image Previously Made of Computer or Other ESI Storage Devices (Yours or Theirs)

If you or another party has made a copy or forensic image of Electronically Stored Information (ESI) of relevant materials, the copy / forensic image will need to be examined – before or during formal discovery. This legal form provides the protocol to do that with appropriate security for all concerned. Use it to draft an agreement between counsel or to draft an order to be submitted to the court on a contested motion.

#ELEC4530 Protocol for Inspection of Forensic Image of ESI is a form for discovery of the contents of a copy/image of ESI, by agreement or by court order, that protects privileged matter.

Here is what you get…

Videographer – Instructions for Recording Depositions You Take

When you schedule a video deposition you want it to be a quality product you can show at trial. So first, you need to do is hire a good videographer. Second, you need to give that videographer instructions for what you want in the “movie”. For example, you need to maximize your demonstrative exhibits or photographs by having the videodepo show them in close-up on tape. Another example, you need to minimize the camera showing any need to minimize nervous hand gestures of your witness.

To do these things, and more, you need to instruct the videographer. You need the benefits of having the legal form Instructions for Videotaping Deposition.

Telling Witness Not to Talk to the Adverse Party

Witness preparation: telling all your witnesses not to talk to the other side

It's possible to prepare your witnesses not to talk to the other side, and still stay within legal and ethical boundaries. This legal form handout gives you the language you can use.

Form #WIT5102 Telling witnesses not to talk to the other side gives you:

The Workhorse Two Dozen: a trial testimony objections checklist

“The Workhorse Two Dozen: the best trial testimony objections checklist and law summary for active in-battle use.”

Be prepared to make that objection quickly – and well. Put this checklist in your trial notebook. Read it over before each trial, to refresh your memory and allow you to calmly make a quick objection or response to the court at a sidebar conference. Use the quotations of authority to give the court confidence in ruling for you.

Battle-Quick Exhibit Foundations

Battle-Quick Exhibit Foundations: the best exhibits foundations – ready for quick use in your deposition and trial

Evidence exhibit foundation checklists and law summaries — for your deposition or trial notebook — whether you carry your notebook as paper or in a laptop computer.

Designed for use on the eve of a deposition or a trial, and also to be carried to depositions and trials, Battle-Quick Exhibit Foundations provides what you need 99% of the time for quick and specific action.