Spoliation and Document Management Processes: How to Avoid Exclusion From Document Loss
Part 8 of BVR's Online Symposium on Litigation and Economic Damages
Tuesday, March 6, 2012
12:00am-2:00am PT • 3:00am-5:00am ET
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"The destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation," commonly known as spoliation, is prohibited under the Federal Rules of Evidence as a means of protecting judicial processes and integrity. Yet within the rules governing evidence, discovery, and spoliation many questions arise regarding the obligations of expert witnesses and the scope of those responsibilities.
In "Spoliation and Document Management Processes: How to Avoid Exclusion From Document Loss," part 8 of BVR's Online Symposium on Litigation and Economic Damages expert appraiser Laura Pfeiffenberger joins attorney and Symposium co-curator Jonathan M. Dunitz for an examination of the rules governing an expert's work process and document management, and what every expert should know in order to comply with rules regarding spoliation and discovery.
- Introduction & Overview
- Parameters of the legal duty to preserve evidence
- Experts and spoliation
- Interplay with Federal Rules
- Attorney-Expert privilege
- Draft Reports
- Draft reports by individual expert
- Communications/draft reports exchanged between expert and counsel
- Draft reports exchanged between and among experts
- Electronically Stored Information
- Learn what is expected of expert witnesses and their work processes in evidence and testimony guidelines
- Understand how mismanagement of work documents can seriously jeopardize testimony and professional standing
- learn how to best prepare yourself for these requirements and which work habits are most important
- Learn to define spoliation and understand its effect on evidence and testimony
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