Previous columns in this series have touched on a variety of discovery-related topics, most related to the challenges and pitfalls of e-discovery. E-discovery has frustrated not only litigants, but courts as well, dismayed that despite the best intentions of the drafters of the 2006 amendments to the Federal Rules of Civil Procedure, e-discovery costs have spiraled out of control.
The Federal Circuit Advisory Council recently promulgated an E-Discovery Model Order for voluntary use by district courts in patent litigation cases, which historically have had disproportionately higher e-discovery costs. The three-page Model Order is commendable for its clarity and brevity. Although it was drafted specifically for patent cases, it is applicable to many types of federal civil litigation, and a useful exemplar for state litigation as well. Its provisions for streamlining e-discovery include: