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gov.uscourts.nysd.447706.513.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.513.0 21 pg

…A party may establish relevance by “‘adduc[ing] sufficient evidence from which a reasonable trier of fact could infer that ‘the destroyed [or unavailable] evidence would have been of the nature alleged by the party affected by its destruction.’” Id…

gov.uscourts.nysd.447706.903.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.903.0 46 pg

…my view, is governed by Rule 32 of the Rules of Civil 9 Procedure. And those rules are clear with regard to 10 depositions as to unavailability of witness. And then we talk 11 about the requirements that, whether they…

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