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Managing Discovery of Electronic Information: Third Edition, 2017

Managing Discovery of Electronic Information: Third Edition, 2017

Elizabeth C. Wiggins
0/5 ( ratings)
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This pocket guide is organized into a question-and-answer format, which we hope judges will find useful in meeting the challenges presented by the discovery of ESI as it becomes a routine feature in litigation. The guide’s fundamental message remains unchanged from the first edition: Judges should actively manage cases that involve ESI through early intervention and sustained supervision. Judges should raise issues for the parties to consider rather than wait for the issues to be presented as full-blown disputes. They should use the many tools available to them—case-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctions—to encourage cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. The particulars of case management, of course, depend on the extent the parties expect to rely on ESI in proving and defending their positions, the complexity of how ESI is created and stored, and other factors.
Format
Kindle Edition

Managing Discovery of Electronic Information: Third Edition, 2017

Elizabeth C. Wiggins
0/5 ( ratings)
Read Download
This pocket guide is organized into a question-and-answer format, which we hope judges will find useful in meeting the challenges presented by the discovery of ESI as it becomes a routine feature in litigation. The guide’s fundamental message remains unchanged from the first edition: Judges should actively manage cases that involve ESI through early intervention and sustained supervision. Judges should raise issues for the parties to consider rather than wait for the issues to be presented as full-blown disputes. They should use the many tools available to them—case-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctions—to encourage cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. The particulars of case management, of course, depend on the extent the parties expect to rely on ESI in proving and defending their positions, the complexity of how ESI is created and stored, and other factors.
Format
Kindle Edition

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