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.

Please see full alert below for more information.

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

Published In: Civil Procedure Updates, Electronic Discovery Updates

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.

© King & Spalding | 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 »