Managing Discovery of Electronic Information
Autor Federal Judicial Center (U.S.)en Limba Engleză Paperback – 17 aug 2017 – vârsta de la 19 ani
This
third
edition
reflects
the
December
1,
2015,
amendments
to
the
Federal
Rules
of
Civil
Procedure
and
the
reasons
for
the
amendments.
This
third
edition
also
reflects
the
rise
of
new
devices
on
which
electronically
stored
information
(ESI)
is
created
and
stored,
such
as
smartphones
and
new
sources
of
ESI,
such
as
social
medial
This
guide
updates
judges
on
how
ESI
may
be
searched
and
also
suggests
case
management
techniques
that
judges
might
use
in
smaller
civil
actions
in
which
the
costs
of
ESI
discovery
could
hamper
resolution
on
the
merits.
Examples
of
Electronically
stored
information
(ESI)
include
email
messages,
word-processing
files,
webpages,
and
databases
that
are
created
and
stored
on
computers,
magnetic
disks
(i.e.
computer
hard
drives),
optical
disks
(i.e.
DVDs
and
CDs),
and
flash
memory
(i.e.
thumb
or
flash
drives).
Additionally,
ESI
is
stored
on
cloud-based
servers
often
hosted
by
third
parties
that
can
be
accessed
through
internet
connections.
Unlike
paper
documents,
ESI
can
be
produced
(formatted)
in
different
forms
and
stored
in
numerous
places,
plus
metadata
is
often
stored
within
the
electronic
document
that
is
not
available
in
printed
format,
such
as
dates
of
file
creation,
file
revisions,
etc.
The
choice
and
form
of
production
was
not
an
issue
with
paper
discovery,
but
it
can
lead
to
disputes
in
ESI
discovery.
Related products:
Mindfulness and Judgingis available here: https://bookstore.gpo.gov/products/mindfulness-and-judging
Elements of Case Managementis available here:https://bookstore.gpo.gov/products/elements-case-managment
Federal Rules of Civil Procedure as of December 1, 2016can be found here:https://bookstore.gpo.gov/products/federal-rules-civil-procedure-2016
Cyber Infrastructure Protection, Volume IIIavailable here:https://bookstore.gpo.gov/products/cyber-infrastructure-protection-volume-iii
Related products:
Mindfulness and Judgingis available here: https://bookstore.gpo.gov/products/mindfulness-and-judging
Elements of Case Managementis available here:https://bookstore.gpo.gov/products/elements-case-managment
Federal Rules of Civil Procedure as of December 1, 2016can be found here:https://bookstore.gpo.gov/products/federal-rules-civil-procedure-2016
Cyber Infrastructure Protection, Volume IIIavailable here:https://bookstore.gpo.gov/products/cyber-infrastructure-protection-volume-iii
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Specificații
ISBN-13: 9780160941818
ISBN-10: 0160941814
Pagini: 61
Dimensiuni: 140 x 216 x 3 mm
Greutate: 0.11 kg
Ediția:third edition
Editura: United States Courts
Colecția United States Courts
ISBN-10: 0160941814
Pagini: 61
Dimensiuni: 140 x 216 x 3 mm
Greutate: 0.11 kg
Ediția:third edition
Editura: United States Courts
Colecția United States Courts
Notă biografică
ABOUT
THE
AUTHOR
About the Federal Judicial Center
The Federal Judicial Center is the research and education agency of the federal judicial
system. It was established by Congress in 1967 (28 U.S.C. §§ 620–629), on the recommendation
of the Judicial Conference of the United States. By statute, the Chief Justice of the United States chairs the Center’s Board, which also includes the director of the Administrative Office of the U.S. Courts and seven judges elected by the Judicial Conference.
The organization of the Center reflects its primary statutory mandates. The Education
Division plans and produces education and training for judges and court staff, including in-person programs, video programs, publications, curriculum packages for in-district training, and Web-based programs and resources. The Research Division examines and evaluates current and alternative federal court practices and policies. This research assists Judicial Conference committees, who request most Center research, in developing policy recommendations. The Center’s research also contributes substantially to its educational programs. The Federal Judicial History Office helps
courts and others study and preserve federal judicial history. The International Judicial Relations Office provides information to judicial and legal officials from foreign countries and informs federal judicial personnel of developments in international law and other court systems that may affect their work. Two units of the Director’s Office— the Information Technology Office and the Editorial & Information Services Office—support Center missions through technology, editorial and design assistance, and organization and dissemination of Center resources.
About the Federal Judicial Center
The Federal Judicial Center is the research and education agency of the federal judicial
system. It was established by Congress in 1967 (28 U.S.C. §§ 620–629), on the recommendation
of the Judicial Conference of the United States. By statute, the Chief Justice of the United States chairs the Center’s Board, which also includes the director of the Administrative Office of the U.S. Courts and seven judges elected by the Judicial Conference.
The organization of the Center reflects its primary statutory mandates. The Education
Division plans and produces education and training for judges and court staff, including in-person programs, video programs, publications, curriculum packages for in-district training, and Web-based programs and resources. The Research Division examines and evaluates current and alternative federal court practices and policies. This research assists Judicial Conference committees, who request most Center research, in developing policy recommendations. The Center’s research also contributes substantially to its educational programs. The Federal Judicial History Office helps
courts and others study and preserve federal judicial history. The International Judicial Relations Office provides information to judicial and legal officials from foreign countries and informs federal judicial personnel of developments in international law and other court systems that may affect their work. Two units of the Director’s Office— the Information Technology Office and the Editorial & Information Services Office—support Center missions through technology, editorial and design assistance, and organization and dissemination of Center resources.
Cuprins
Contents
Preface 1
What is electronically stored information (ESI) and how
does it differ from conventional paper-based information? 3
What is the judge’s role in the discovery of ESI? 6
How does a judge promote early consideration of ESI
discovery issues? 9
What matters should be discussed at the Rule 26(f)
conference? 11
What preparations for the Rule 26(f) conference should
be required? 13
What continuing consultation between parties should
be required? 15
What matters should be covered during the Rule 16
conference and included in the initial scheduling
order? 15
How should a judge manage ESI in a small case? 17
What disclosures of ESI are required under Rule 26(a)(1)? 18
How does a judge limit the scope of ESI discovery to that
proportional to the needs of the case? 19
How may Rule 26(g) sanctions be used to promote
cooperation and proportionality in ESI discovery? 23
What type of information is “not reasonably
accessible”? 23
When does good cause exist to allow the discovery of
“not reasonably accessible” information? 24
What factors are relevant to allocating costs? 26
What principles apply to discovery from nonparties under
Rule 45? 29
In what form or forms should ESI be produced? 31
How might data be searched to respond to discovery
requests or subpoenas? 34
How should privilege and waiver issues be handled? 36
What are “clawback” and “quick peek” agreements? 36
How can a court shield parties from waiving a privilege
through inadvertent disclosure? 37
How should a court test assertions of privilege? 37
How is Federal Rule of Evidence 502 used to reduce cost
and delay? 38
Litigation holds: How can the court promote the parties’
reasonable efforts to preserve ESI? 40
What are the standards for finding spoliation and the
criteria for imposing sanctions? 43
Where can a judge find additional information and
guidance? 45
Conclusion 48
Glossary 49
Preface 1
What is electronically stored information (ESI) and how
does it differ from conventional paper-based information? 3
What is the judge’s role in the discovery of ESI? 6
How does a judge promote early consideration of ESI
discovery issues? 9
What matters should be discussed at the Rule 26(f)
conference? 11
What preparations for the Rule 26(f) conference should
be required? 13
What continuing consultation between parties should
be required? 15
What matters should be covered during the Rule 16
conference and included in the initial scheduling
order? 15
How should a judge manage ESI in a small case? 17
What disclosures of ESI are required under Rule 26(a)(1)? 18
How does a judge limit the scope of ESI discovery to that
proportional to the needs of the case? 19
How may Rule 26(g) sanctions be used to promote
cooperation and proportionality in ESI discovery? 23
What type of information is “not reasonably
accessible”? 23
When does good cause exist to allow the discovery of
“not reasonably accessible” information? 24
What factors are relevant to allocating costs? 26
What principles apply to discovery from nonparties under
Rule 45? 29
In what form or forms should ESI be produced? 31
How might data be searched to respond to discovery
requests or subpoenas? 34
How should privilege and waiver issues be handled? 36
What are “clawback” and “quick peek” agreements? 36
How can a court shield parties from waiving a privilege
through inadvertent disclosure? 37
How should a court test assertions of privilege? 37
How is Federal Rule of Evidence 502 used to reduce cost
and delay? 38
Litigation holds: How can the court promote the parties’
reasonable efforts to preserve ESI? 40
What are the standards for finding spoliation and the
criteria for imposing sanctions? 43
Where can a judge find additional information and
guidance? 45
Conclusion 48
Glossary 49