Win the battle for access to e-data
Available through Amazon Win the battle for access to e-data
Win the battle for access to e-data (hard copy version) (opens in new tab), Trial, a publication of the American Trial Lawyers’ Association, December 2006, copyright, ATLA
Win the battle for access to e-data (online version) (opens in new tab), Trial, a publication of the American Trial Lawyers’ Association, December 2006, copyright, ATLA
“Amendments to the Federal Rules of Civil Procedure regarding the discovery of electronically stored information became effective December 1. The amendment to Rule 26(b)(2) creates two significantly different categories of electronically stored information: reasonably accessible and not reasonably accessible. A party from whom discovery is sought need not review or produce electronically stored information that is not reasonably accessible, even if it is otherwise discoverable within the meaning of the rule.
The amended rule provides that the court may nonetheless order discovery of information not reasonably accessible if “good cause” is shown. But it’s likely that the requesting party would have to bear a part, or all, of the costs of that discovery. The far better course for plaintiff lawyers is to win the first battle—to succeed in convincing the court that the information sought is reasonably accessible…”