Recovery of E-discovery Costs


Costs associated with e-discovery can be enormous. That’s not news. What is news is the courts' increased willingness to award a prevailing party e-discovery costs under 28 USC §1920(4).

The statute had been limited to the recovery of “[f]ees for exemplification and the costs of making copies of papers....” In light of the increasing importance of e-discovery, the statute was amended – and “papers” changed to “any materials.” This change has facilitated the courts' ability to award costs incurred in the process of producing electronically stored information during discovery.

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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.

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