Search for: "Custodian of Records/Computer Files"
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12 Sep 2011, 5:44 am
Pursuant to section 90.803(6)(a), Florida Statutes, each Servicer and/or Lender should be prepared to testify through a record’s custodian: (1) the record (default, payment, non-payment etc.) was made at or near the time of the event; (2) was made by or from information transmitted by a person with knowledge; (3) was kept in the ordinary course of a regularly conducted business activity; and (4) that it was a regular practice of that business to make such a… [read post]
12 Jan 2015, 6:01 am
Get to Know Your Native Files in Litigation Native files are the actual files from a custodian’s computer, such Microsoft Word or Excel files, or emails taken directly from an email server. [read post]
29 Sep 2015, 7:47 am
Each party relied on case law to establish its claims, all non-smartphone scenarios involving the interplay between corporate records and encrypted information on computers. [read post]
16 Feb 2017, 6:27 am
With regard to sanctions, Shawe argued that the chancery court erred in finding that he acted in bad faith during the course of the proceedings, the court stated, but it found clear evidence that he intentionally deleted computer files to thwart the discovery process and was, at best, reckless in failing to safeguard evidence on his phone. [read post]
25 Sep 2017, 2:40 pm
The law allows fiduciaries to manage digital property, such as computer files, web domains, and virtual currency, but restricts a fiduciary’s access to electronic communications such as email, text messages, and social media accounts unless the original user (i.e., accountholder) consented in a will, trust, power of attorney, or other record. [read post]
3 Aug 2012, 12:06 pm
” It was further explained that “‘[t]he FBI largely did not rely on search terms, but instead relied on the knowledge of its custodians’ who ‘sift[ed] through and review[ed] tens of thousands of pages of records. [read post]
25 Feb 2018, 6:41 pm
"Remote-computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. s.2510(14). [read post]
28 Feb 2019, 11:05 am
The fiduciary is an authorized user for the purpose of applicable computer fraud and unauthorized computer access laws, including the laws governing unauthorized computer access. [read post]
7 Mar 2017, 8:06 am
For example, you are the custodian of your emails, your cell phone, and the files on your computer. [read post]
22 Feb 2014, 7:15 pm
On its first trip up in 2012, the SCOV affirmed the trial court's decision as to the records concerning the files of the public works employees. [read post]
28 Sep 2015, 3:48 am
The Court again reiterated a corporate custodian may not invoke the Fifth Amendment to avoid producing corporate records. [read post]
26 Apr 2012, 8:18 am
Are you the custodian of the records [or a person familiar with and with access to the records] that you provided? [read post]
7 May 2012, 1:35 pm
Based on the records requested and the number of custodians, the parties anticipated the document pool would be around three million documents, which would have likely cost in excess of $1 million with traditional keyword search methods. [read post]
29 Dec 2016, 11:15 am
You can tell a lot about files on a computer before you even open them. [read post]
29 Dec 2016, 11:15 am
You can tell a lot about files on a computer before you even open them. [read post]
13 Jun 2012, 7:49 am
Ask to see the folders where the files are kept, because the “P:” drive for two custodians may be different. [read post]
31 May 2012, 12:03 pm
The evidence files are hashed at the time of collection and that information is recorded and used to validate the files when they are received at the D4 lab. 6. [read post]
18 Nov 2019, 2:41 pm
Some metadata values are easily updated by a document’s custodian, such as the file author or file name for an MS Word document. [read post]
5 Dec 2019, 11:54 am
Thus, depending on the circumstances, a litigant may have to cast a broad net over its files and their custodians. [read post]
21 Oct 2011, 6:52 am
., but it wants to court to rule that the person signing the affidavit may rely on computer records without having personally entered them or being their direct custodian. [read post]
