July 6, 2012
Federal Judical Center Publishes Managing Discovery of Electronic Information: A Pocket Guide for Judges
First published in 2007, the Federal Judicial Center has released a new edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges (2012) by Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins.
This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage cases that involve ESI through early intervention and sustained supervision and to use the many tools available to them—case-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctions—to facilitate cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. It 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.
Hat tip to beSpacific. [JH]