Dianne Rosky of Rosky Legal Education recommends avoiding using the following compound constructions, and instead using single words which state points made in a brief more concisely. After cite checking a brief, search for the phrases listed on the left, and replace them with the words on the right. Attorneys will appreciate seeing these corrections in track changes, even if writing concisely does not come naturally to them. If they don't recall an English teacher's admonition to write succinctly, they will like getting help coming in under a court's word or page count limit.

at this/that point in time ------------------------------ now / then

in connection with ------------------------------ about / concerning

in order to ------------------------------ to

in the event that ------------------------------ if

in many instances/cases ------------------------------ often

in most instances/cases ------------------------------ usually

prior to ------------------------------ before

subsequent to ------------------------------ after

the fact that ------------------------------ that

due to the fact that ------------------------------ because

the situation where ------------------------------ where

the situation in which ------------------------------ where

the question whether ------------------------------ whether

with reference to ------------------------------ about / concerning

The United States District Court for the District of Massachusetts has a guide on its site, Taxation of Costs: Procedures for Filing the Bill of Costs, which is kind of a FAQ page for parties seeking to recover costs under 28 U.S.C. § 1920 and Fed. R. Civ. P. 54(d). Here are some key points:

  1. A Bill of Costs must be filed with the Clerk, and be accompanied by an affidavit, within 15 days after deadline for an appeal.

  2. Costs can be taxed in settled cases in which one party has been designated as the prevailing party.

  3. Clerk fees; marshall fees; and witness fees are taxable. The witness must be a party to the case. The witness is billed at $40 per day, but his or her travel expenses can also be taxed. A $238 subsistence fee can be charged for courts in the Boston area.

  4. Deposition and trial transcripts can be taxed, but parties will not be able to tax video recordings of depositions or expedited transvripts without prior permission from the court.

  5. Exemplification of certified copies of official records can be taxed.

  6. Copies of trial exhibits, briefs, transcripts, record excerpts, and other documents can be taxed at a rate "generally charged for reproduction in the local area".

  7. Demonstratives used in court can also be taxed.

  8. The guide gives fixed rates for interpretation services that can be taxed.

  9. The cost of expert witnesses appointed by the court can be taxed.

  10. Fees incurred in an action in state court, before its removal to federal court can be taxed so long as state law allows for the services to be taxed.

  11. A motion must be filed to recover attorney or special master fees.

When setting up an analytics index, the option to optimize the training set will perform the following operations:

1. remove conceptually irrelevant documents.

2. remove documents which are too long or too short to serve as good examples.

3. remove spreadsheets or documents which consist of predominately numeric data.

4. remove log files.

5. remove documents with text resulting from processing errors.

Word count, word uniqueness, punctuation, and words with a high character count are evaluated to determine what must be removed.

Sean O'Shea has more than 15 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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This policy is subject to change at any time.