E-Discovery

FRCP 26 (a)(1) (C) Time for Pretrial Disclosures; Objections (E-Discovery)

FRCP 26(a)(1)(C) states that you must make any initial disclosures no later than 14 days after the Rule 26(f) meet-and-confer session unless there’s an objection or another time is set by stipulation or court order. If you have an objection, now is the time to voice it. If you don’t recognize your objection soon enough, […]

FRCP 26 (b) (2) (B) Specific Limitations on ESI (E-Discovery)

Rule 26(b)(2)(B) debuted the concept of not reasonably accessible (NRA) electronically stored information. The concept of not reasonably accessible paper had not existed, or at least it wasn’t recognized in discovery in the past. Traditionally, the responding party paid the expenses of complying with discovery requests. But that was before the world shifted from paper […]

The Part of Tens (E-Discovery)

In this part This seventh part of the topic addresses three top questions about e-discovery: what are the top rules ruling e-discovery (topic 18), how do I keep an edge on my opponents (topic 19), and the #1 self-help topic, what do judges expect me to know walking into an e-discovery case (topic 20). In […]

Ten Most Important e-Discovery Rules

In This Topic Mastering the most critical procedural rules Sticking to the rules of evidence In this topic, we briefly present the top-ranked rules of procedure and In this topic, we briefly present the top-ranked rules of procedure and rules of evidence around which to build your e-discovery strategy. These rules potentially determine your e-discovery […]

Curbing e-Discovery with Proportionality

Federal or state rules put a limit on e-discovery costs. Judges decide when discovery cost is proportional to measures of value of the case. Decisions are based on estimates of these two values: Case value: The lawsuit specifies an amount being sought by the plaintiff from the defendant. Probative value of the evidence: This value […]

Sleuthing Personal Correspondence and Files (E-Discovery)

Authenticating e-evidence is potentially the thorniest question in e-discovery, but it’s one that has received very little attention in the courts. Authenticating digital evidence in civil trials has not gotten a lot of judicial attention, in part because most civil cases never go to trial, but also because lawyers and judges tend to treat it […]

Defining Small Cases that Can Benefit from e-Discovery

Harassment or discrimination cases can result from ill-fated relationships between an employee and non-employee (or two employees) who text, tweet, e-mail, or send compromising photos via your company’s networks or devices. Other types of small cases that can implicate your company or its computer and cellular resources are labor disputes, wrongful terminations, corporate espionage, or […]

Characterizing Small Matters (E-Discovery)

Electronic discovery may be the only method that allows you to easily find evidence and win your case. Electronic evidence in the form of e-mail messages of secret relationships or attachments with stolen client lists are pretty much irrefutable. Keeping ESI out of evidence One of the most common defense methods in small-matter cases is […]

Proceeding in Small Cases (E-Discovery)

Procedures to follow in e-discovery for small cases can amount to a single step. You hire a computer forensics expert who performs the investigation live in court. But that approach would be unusual. Lawyers ask judges for court orders to seize computers and cellphones and copy the drives, particularly if there is an opportunity to […]

e-Discovery for Small Cases (E-Discovery)

In This Topic Profiling small cases ► Hunting and gathering e-evidence ► Keeping a lid on costs ► Looking at e-evidence in small cases Figuring out whether it’s real or fake Electronic discovery is not always extensive, complex, or wildly expensive. It’s used in many types of legal actions where the dollar amount in dispute […]

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