Notes on Abbreviations

Just a few quick notes on abbreviations which are often used incorrectly.

- The abbreviation 'App.' may be used in a filing title for 'Appeal' or 'Appellate', but table BT1 of the Bluebook, which gives abbreviations for words used in the titles of court documents, specifies that 'App.' be used for 'Appendix' and 'Appeal' be spelled in full.

- However don't make the mistake of using the abbreviation 'Joint App.' for the 'Joint Appendix'. Table BT1 states that this should be abbreviated 'J.A.'.

- 'Aff.' is used for 'Affidavit', not 'Affirmation'.

- Table T6 of the Bluebook lists abbreviations to be used in case names. It specifies that 'Exp.' be used for 'Export[er, ation]', not 'Expense' or 'Express'.

- 'Assoc.' is used for 'Associate', not 'Association', which is 'Ass'n'.

- In table T6 'Tr.' is used for 'Trustee' not 'Transcript' as it is in table BT1.

- Table T6 uses 'Mar.' for 'Maritime', not 'Market', which should be abbreviated 'Mkt.'.

Rhode Island Makes It Easier to Get an Expert's Documents

Paralegals often spend a lot of time tracking down materials cited in expert reports. In addition to produced documents and deposition testimony taken in the case the report is prepared for, experts often also rely on other documentation which is difficult to locate if it is indeed publicly available. Four years ago, the Supreme Court of Rhode Island issued a decision, Cashman Equip. Corp. v. Cardi Corp., 139 A.3d 379 (R.I. 2016), which found that a lower court correctly denied a motion to compel all documents considered by an expert in his written opinion. The Court concluded that, "Our review of the language of Rule 26(b)(4)(A) leads us to the ineluctable conclusion that that rule is indeed clear and unambiguous . . . It does not provide for the disclosure of documents. " Id. at *382-83. Rule 26 had only specified that interrogatories can be submitted regarding expert witnesses, and that expert witness can be deposed. The Court noted its strong policy in favor of safeguarding the work product of expert witnesses.

Thursday, an order was issued amending Rule 26(b)(4)(A) to include the following, "A party may, through a request for production pursuant to Rule 34, a request attached to a notice of deposition pursuant to Rule 30(b)(5), or subpoena duces tecum pursuant to Rule 45, require any other party to produce all documents and materials relied upon by a person whom the other party expects to call as an expert witness at trial in formulating that expert's opinion(s). If documents and materials are requested, the procedures of Rules 34 and 45, respectively, shall apply to the request." In re Amendments to the Superior Court Rules of Civil Procedure, 2020 R.I. LEXIS 74, at *4-5 (Dec. 10, 2020).

In Rhode Island the Rules of Civil Procedure are amended when a majority of the members of the Rhode Island Superior Court make a recommendation to the Rhode Island Supreme Court that the Supreme Court approves.

Tracking Fedex packages wayback

If you need to find if a Fedex package was sent and received a while back, the tracking information available on the Fedex website is limited. The post here on the Fedex site notes that information will only be available for packages sent and delivered in the past 90 days.

But if you have a PS|Ship account you're in luck. PS|Ship will store data about your Fedex shipments up to at least 15 years ago, and the metadata in the system will indicate if a package was delivered.

Perhaps it's not too far-fetched that data in PS|Ship should be considered as a potential source from which to collect ESI for electronic discovery.