As was reported on this blog just last week, the Advisory Committee on Civil Rules met on April 10th and 11th to review proposed amendments to the Rules of Civil Procedure, including recommended changes to those proposed amendments as published for public comment. On the first day of meetings, the Advisory Committee unanimously approved proposed… Continue Reading
Based on public comment, the Duke Conference and Discovery Subcommittees to the Advisory Committee on Civil Rules have recommended changes to the proposed amendments to the Federal Rules of Civil Procedure as previously published.
The ABA Electronic Discovery (ESI) in Bankruptcy Working Group has published the final draft of its “Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases” which “provides the framework for consideration of ESI issues in bankruptcy cases.” According to Richard Wasserman, Chairman of the ABA Electronic Discovery in Bankruptcy Working Group, the Report… Continue Reading
As was previously reported on this blog, proposed amendments to Federal Rules of Civil Procedure 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and the Appendix of Forms were published for public comment on August 15, 2013. Since that time, nearly 700 written comments have been submitted for consideration by… Continue Reading
In January, The Sedona Conference® made available the "post-public comment" version of its Commentary on Proportionality in Electronic Discovery, first published in 2010. The publication is available for download, here.
This month, the Sedona Conference® published a public comment version of its latest paper, The Sedona Conference® Primer on Social Media. The primer, a somewhat different publication than prior commentaries, is described in its Preface as follows: Unlike many of previous publications in this series, this is not entitled a “Commentary,” nor does it present… Continue Reading
In March, the American Bar Association’s Electronic Discovery [ESI] in Bankruptcy Working Group issued its Interim Report on Electronic Discovery Issues in Bankruptcy Cases. The Working Group “was formed to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve electronically stored information (ESI) in… Continue Reading
Since the amendment of the Federal Rules in 2006, many states have adopted their own rules to address the discovery of electronically stored information. Thomas Allman, a recognized authority on electronic discovery, has given permission to post his article identifying and analyzing the myriad of state e-discovery rules around the country. Our thanks to Mr. Allman for… Continue Reading
In March, The Sedona Conference® released a public comment version of its latest publication: Commentary on Ethics & Metadata. The commentary is the first “to move beyond [Working Group 1’s] previously exclusive focus on aspects of discovery or records management/preservation” and focuses on ethical obligations surrounding metadata in both the discovery and non-discovery context. The… Continue Reading
In December, the Sedona Conference® made available its latest publication, International Principles on Discovery, Disclosure & Data Protection: Best Practices, Recommendations & Principles for Addressing the Preservation & Discovery of Protected Data in U.S. Litigation (Public Comment Version). Among the information included are six Principles and attendant commentary as well as a model protective order… Continue Reading
If you’re looking for a list of State or Local District Court Rules addressing electronic discovery, please click the link “Local District Court Rules” or “State Court Rules” on the left-hand side of this page.
Last month The Sedona Conference made available a public comment version of its newest publication, The Sedona Conference® Cooperation Proclamation: Resources for the Judiciary (“The Resources”). The Resources “are intended to assemble and promote a variety of proven judicial management tools to help parties develop and execute appropriate, cost-effective, cooperative discovery plans; avoid unnecessary discovery… Continue Reading
In its most recent publication (available now in its Public Comment Version) the Sedona Conference takes on another difficult issue of e-discovery: the preservation and production of databases and database information. The publication, The Sedona Conference® Database Principles: Addressing the Preservation & Production of Databases and Database Information in Civil Litigation, is intended to “provide practical… Continue Reading
Today The Sedona Conference® made available its Commentary on Proportionality in Electronic Discovery. The commentary (published as a "public comment version") provides valuable insight and guidance on one of the hottest topics in e-discovery today. Among other things, the publication identifies six Principles of Proportionality, intended to “provide a framework for the application of the doctrine… Continue Reading
The Sedona Conference®, a charitable research and education institute “dedicated to the advancement of law and policy in the areas of antitrust law, complex litigation and intellectual property rights” recently published an update to its 2007 Commentary on Legal Holds, which, according to its authors, “reflects an accurate view of reasonable and defensible practices that… Continue Reading
U.S. Court of Federal Claims Rules of the United States Court of Federal Claims 16, 26, 33, 34, 37, 45
July 2008. Available for free download here. From the Preface: This Sedona Conference® Commentary focuses on the decision making process relating to the preservation of sources of electronically stored information that may contain discoverable information that is “not reasonably accessible.” The “reasonable accessibility” distinction – introduced by the 2006 Federal E-Discovery Amendments as part of the… Continue Reading
July 2008. Available for free download here. Excerpt: The costs associated with adversarial conduct in pre-trial discovery have become a serious burden to the American judicial system. This burden rises significantly in discovery of electronically stored information (“ESI”). In addition to rising monetary costs, courts have seen escalating motion practice, overreaching, obstruction, and extensive, but… Continue Reading
March 2008 Available for free download here. From the Introduction:
By Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins Federal Judicial Center (2007) This “Pocket Guide” identifies problems that recur during the course of electronic discovery, and presents management tools that federal judges may use for responding to them. The 26-page publication may be downloaded from the Federal Judicial Center’s website, free of… Continue Reading
A number of states are considering whether to adopt special court rules addressing the discovery of electronically stored information. Here is a current list of those states that have published proposed rules amendments for public comment, with links to the relevant materials. Alaska Currently seeking public comment on proposed rules; deadline is Friday, 2/29/2008. Request… Continue Reading
The National Conference of Commissioners on Uniform State Laws has approved its Uniform Rules Relating to the Discovery of Electronically Stored Information and recommended them for enactment in all the states. The NCCUSL describes the Uniform Rules as follows: The Uniform Rules Relating to the Discovery of Electronically Stored Information provides states with up-to-date rules for the discovery… Continue Reading
In August 2006, the Conference of Chief Justices approved the Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information as a reference tool for state trial court judges faced by a dispute over e-discovery. These Guidelines are intended to help in identifying the issues and determining the decision- making factors to be applied in… Continue Reading
SEDONA, AZ – The Sedona Conference®, the nation’s premier nonpartisan law and policy think tank, has announced publication of The Sedona Principles, Second Edition, Best Practices Recommendations and Principles for Addressing Electronic Document Production. Building on the success of first edition of The Sedona Principles, which appeared in January 2004, the second edition has been… Continue Reading