Technology: The evolution of e-discovery orders

A look at model orders in different jurisdictions

It is no surprise that courts and litigants have struggled with managing discovery of electronically stored information (ESI) for many years. After the amendments to the Federal Rules of Civil Procedure in 2006 to include specific references to ESI, many courts began to address e- discovery issues through local and individual judge’s rules. These early efforts reflected the lack of collective experience—they tended to be minimalistic and primarily encouraged the litigants to come to an agreement.

Realizing the lack of uniformity in treatment of ESI and the rising cost resulting from unsupervised, pre-trial discovery, many jurisdictions are directly addressing discovery of ESI through specific and detailed local rules and model orders.

Contributing Author

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James Hanft

James E. Hanft is counsel in the Intellectual Property Group of Schiff Hardin LLP. He has been counseling clients and prosecuting and litigating patents for...

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