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November 2009

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This article is in the news archives --- for current news go to the Third Branch News.


Principles Related to the Discovery of Electronically Stored Information

The 7th Circuit’s electronic discovery pilot program presents several principles to assist in the administration of Federal Rules of Civil Procedure. These can be found at www.7thcircuitbar.org. Here’s a sampling:

Principle 2.01 Prior to the initial status conference with the Court, counsel shall meet and discuss the application of the discovery process set forth in the Federal Rules of Civil Procedures and these Principles to their specific case.

Principle 2.02 In most cases, the meet and confer process will be aided by participation of an e-discovery liaison(s).

Principle 2.03 Vague and overly broad preservation orders should not be sought or entered.

Principle 2.04 The parties and counsel should address preservation issues at the outset of a case, and should continue to address them as the case progresses and their understanding of the issues and the facts improves.

Principle 2.05 At the Rule 26(f) conference or as soon thereafter as possible, counsel or the parties shall discuss potential methodologies for identifying electronically stored information (ESI) for production.

Principle 2.06 Counsel or the parties should make a good faith effort to agree on the format(s) for production of ESI.

Principle 3.01 Because discovery of ESI is being sought more frequently in civil litigation and the production and review of ESI can involve greater expense than discovery of paper documents, it is in the interest of justice that all judges, counsel and parties to litigation become familiar with the fundamentals of discovery of ESI.