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Delaware Docket Newsletter
Fall 2013

Family Court Judiciary Hosts Prominent Faculty for Technology Training

Judge Artigliere served as a Circuit Judge for Florida's 10th Judicial Circuit from 2001 until 2008, is a frequent lecturer at the Florida Judicial College, the Florida College of Advanced Judicial Studies, and the Florida Bar Advanced Trial Advocacy Course, and a member of the American College of Trial Lawyers. Judge Grimm was appointed to the Maryland District Court on December 10, 2012. Previously, he served as a Magistrate Judge from 1997 until 2006 and as a Chief Magistrate Judge from 2006 to 2012.

Judge Grimm was recently recognized by The American Lawyer as one of five pioneer judges who have shaped the evolution of e-discovery. He is author of the decision, Lorraine v. Markel American Ins. Co., 214 F.R.D. 534 (D. Md. 2007), and a recent law review article entitled the "Authentication of Social Media Evidence," which was published in the Journal of Trial Advocacy.

Kevin Brady, Esquire, Delaware's own, is a nationally recognized expert on e-discovery and technology issues. He is a litigation partner at Eckert, Seamans, Cherin & Mellott, LLC., and is a founding member, and current President, of the Richard Herrmann Technology Inn of Court. He was recently named co-chair of the Delaware Supreme Court's Commission on Law and Technology.
It is the Family Court's hope that this "series" will continue.

Family Court Judges and Commissioners completed their third training session on issues related to electronically stored information ("ESI") on September 12, 2013. This session, entitled "Challenges and Benefits of Technology in Achieving Justice," was led by Judge Ralph Artigliere, Judge Paul W. Grimm, and Kevin Brady, Esquire. Family Court Judges and Commissioners discussed the qualities and characteristics of ESI that make it a valuable source of evidence, as well as the strategies for courts and counsel to meet the challenges posed by ESI evidence. The Judges and Commissioners explored the role of the judicial officer in establishing guidelines for litigants and attorneys. The panel also addressed and discussed ethical responsibilities related to technology and ESI, including the recent amendments to the Delaware Lawyers' Rules of Professional Conduct. To close out the day, Judge Grimm gave an excellent primer on ESI and the rules of evidence.

The September 2013 session followed earlier training sessions:

  • On January 12, 2012, the first training was held at Delaware State University and Family Court Judges and Commissioners received instruction on electronic evidence, including essential digital technology and prominent admissibility issues related to ESI.
  • Judge Artigliere and Mr. Brady returned on November 1, 2012 to present "Digital Evidence 2.0: Emerging Issues in Information Technology." Topics discussed included ethical changes and current issues with ESI, including spoofing.
  • Judge Artigliere and Mr. Brady made a similar presentation to the Family Law Section of the Delaware State Bar Association on November 2, 2012 at the annual Family Law Update.

The Family Court expresses its sincere appreciation for the amount of time and quality of instruction that these three selflessly provided to the Court.