Electronic Discovery Law

Posted at 8:13 AM on December 9, 2011 by K&L Gates

District of Delaware Adopts Revised Default Standards for Discovery

Effective yesterday, the District of Delaware has adopted revised default standards for discovery, including electronic discovery. The standards cover a broad range of e-discovery issues from cooperation and proportionality to preservation, privilege, and format of production, among others. Clearly intended to provide more than just general guidance to parties before the court, the default standards are quite specific (e.g, identification of categories of ESI not presumptively subject to preservation and mandated formats for production) and parties are therefore advised to carefully consult the guidelines when practicing in the District of Delaware.

A copy of the guidelines is available for download here.

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