California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic.

Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the discovery phase can be seen as a fishing exercise and place undue burdens on the company who has to produce such, especially if the requests are not tailored to specific categories of information and limited. As a result, judges, applying rules of evidence, may be inclined to limit such discovery. For example, see the Model Order Regarding E-Discovery in Patent Cases, issued by an Advisory Council on the Federal Circuit. In states such as California, courts often balance the requesting party’s right to obtain broad discovery with the privacy rights guaranteed by the state constitution, especially when email is used for personal as well as business purposes.

LOADING PDF: If there are any problems, click here to download the file.

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×