Archive: May 9, 2007

1
Evidence Rules Advisory Committee Approves Proposed New Evidence Rule 502, with Modifications
2
Court Sets Out Detailed Guidelines for Discovery of ESI, Adapting “Suggested Protocol” of the District of Maryland

Evidence Rules Advisory Committee Approves Proposed New Evidence Rule 502, with Modifications

From the "What’s New" section of the U.S. Courts Federal Rulemaking website, regarding the actions of the various Advisory Committees this spring: 

"At its April 12-13, 2007, meeting, the Advisory Committee on Evidence Rules considered public comments on proposed new Evidence Rule 502, which was published for comment in August 2006.  The advisory committee approved the proposed new rule, with modifications.  The advisory committee will transmit the proposed new rule to the Committee on Rules of Practice and Procedure with a recommendation that it be approved and transmitted to the Judicial Conference for its consideration."

We will post the modified Evidence Rule 502 here when it becomes available.

Court Sets Out Detailed Guidelines for Discovery of ESI, Adapting “Suggested Protocol” of the District of Maryland

O’Bar v. Lowe’s Home Centers, Inc., 2007 WL 1299180 (W.D.N.C. May 2, 2007)

This is a putative class action in which the plaintiffs allege they were discriminated against because they were not minorities or females.  Finding that plaintiffs were entitled to limited precertification discovery, the court ordered the parties, pursuant to Rule 26(f), to jointly prepare and submit to the court a specific and detailed precertification discovery plan.  Based upon the previous disputes between the parties, the court stated it anticipated issues arising as to the discovery of data through various types of computer programs maintained by defendant.  Thus, in order to assist the parties in conducting discovery of electronically stored information (“ESI”), the court set out detailed guidelines that would govern the parties.  The guidelines were adapted from the “Suggested Protocol for Discovery of Electronically Stored Information” set forth by the United States District Court for the District of Maryland.

The court encouraged the parties to discuss the following subjects, in preparing the precertification discovery plan:
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