Riedy & Beros

E-mail in Evidence (opens in new tab), Journal of the Academy of Florida Trial Lawyers, August 2006

“It is the rare trial attorney practicing today who has not incorporated some aspect of electronic document management into his or her practice. Attorneys create and maintain pleadings in electronic format using case management software; send deposition transcripts to expert witnesses via e-mail; and take notes for opening statements to trial on a laptop, yellow pad along for comfort.

It is also standard practice to incorporate electronic documents in discovery requests. At least since 1970, when Rule 34 of the Federal Rules of Civil Procedure was amended to include “data compilation,” information stored in electronic format has been fair game during discovery, and document requests routinely include information in “electronic format.” For many years such requests were largely “boilerplate” and not rigorously pursued. More recently practitioners have adapted to reality — more than 90% of all documents are now created and stored electronically, and over 75% of documents being created are never printed — by focusing on electronically stored information as a source of discoverable information.”