Managing Discovery Of Electronic Information

This third edition reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments. This third edition also reflects the rise of new devices on which electronically stored information (ESI) is created and stored, such as smartphones and new sources of ESI, such as social medial This guide updates judges on how ESI may be searched and also suggests case management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits. Examples of Electronically stored information (ESI) include email messages, word-processing files, webpages, and databases that are created and stored on computers, magnetic disks (i.e. computer hard drives), optical disks (i.e. DVDs and CDs), and flash memory (i.e. thumb or flash drives). Additionally, ESI is stored on cloud-based servers often hosted by third parties that can be accessed through internet connections. Unlike paper documents, ESI can be produced (formatted) in different forms and stored in numerous places, plus metadata is often stored within the electronic document that is not available in printed format, such as dates of file creation, file revisions, etc. The choice and form of production was not an issue with paper discovery, but it can lead to disputes in ESI discovery. Related products: Mindfulness and Judging is available here: https://bookstore.gpo.gov/products/mindfulness-and-judging Elements of Case Management is available here: https://bookstore.gpo.gov/products/elements-case-managment Federal Rules of Civil Procedure as of December 1, 2016 can be found here: https://bookstore.gpo.gov/products/federal-rules-civil-procedure-2016 Cyber Infrastructure Protection, Volume III available here: https://bookstore.gpo.gov/products/cyber-infrastructure-protection-volume-iii

This pocket guide is designed to help federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage those cases involving ESI, raising points for consideration by the parties rather than awaiting the parties' identification and argument of the matters. The guide covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work-product protection, and the preservation of data and spoliation. As you are reading, you may encounter some unfamiliar terms. Many of these terms are defined in a glossary at the end of the guide.

This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments described by Chief Justice Roberts in the 2015 Year-End Report on the Federal Judiciary: (1) encourage greater cooperation among counsel; (2) focus discovery-the process of obtaining information within the control of the opposing party-on what is truly necessary to resolve the case; (3) engage judges in early and active case management; and (4) address serious new problems associated with vast amounts of electronically stored information. 1 The prevalence of ESI led to the December 1, 2006, amendments to the Federal Rules of Civil Procedure. Those amendments have been the bedrock for countless decisions in the U.S. courts. In 2008, Federal Rule of Evidence 502 was adopted to, among other things, address the consequences of inadvertent disclosure of ESI on claims of attorney-client privilege and work-product protection. The third edition also reflects the rise of new devices on which ESI is created and stored, such as smartphones, and new sources of ESI, such as social media. It updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits. This pocket guide is organized into a question-and-answer format, which we hope judges will find useful in meeting the challenges presented by the discovery of ESI as it becomes a routine feature in litigation.

"Virtually every case today, from small claims to class actions, involves electronic information: emails, word-processing documents, spreadsheets and databases, metadata, digital photographs, and many other media. Electronic information can make or break a legal cause of action or a defence-or lead to a quick settlement."--Pub. desc.