Model Rules and Procedures in e-Discovery: Different Approaches in Different Jurisdictions


While the Federal Rules of Civil Procedure acknowledge the obligation to produce “electronically stored information” (ESI) in litigation, they do so with the same standard for relevance as traditional discovery – “any nonprivileged matter that is relevant to any party’s claim or defense.” The resulting scale and complexities of such broad discovery has prompted many jurisdictions to develop a process for addressing electronic discovery issues at the outset of each case, with the goal of preventing disproportionate discovery costs and the inevitable discovery disputes.

Courts have adopted a broad spectrum of approaches in recent years, from specific rules for e-discovery to generic guidelines for crafting specialized ediscovery plans in each case. In addition, some courts have introduced unique ideas for addressing e-discovery issues like document preservation, privilege logs, custodial collections and cost sharing. This article provides a brief overview of different approaches being adopted by courts.

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