Managing Discovery of Electronic Information

Managing Discovery of Electronic Information PDF

Author: Federal Judicial Center (U S )

Publisher: Government Printing Office

Published: 2017-08-18

Total Pages: 64

ISBN-13: 9780160941818

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This third edition reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments. This third edition also reflects the rise of new devices on which electronically stored information (ESI) is created and stored, such as smartphones and new sources of ESI, such as social medial This guide updates judges on how ESI may be searched and also suggests case management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits. Examples of Electronically stored information (ESI) include email messages, word-processing files, webpages, and databases that are created and stored on computers, magnetic disks (i.e. computer hard drives), optical disks (i.e. DVDs and CDs), and flash memory (i.e. thumb or flash drives). Additionally, ESI is stored on cloud-based servers often hosted by third parties that can be accessed through internet connections. Unlike paper documents, ESI can be produced (formatted) in different forms and stored in numerous places, plus metadata is often stored within the electronic document that is not available in printed format, such as dates of file creation, file revisions, etc. The choice and form of production was not an issue with paper discovery, but it can lead to disputes in ESI discovery. Related products: Mindfulness and Judging is available here: https://bookstore.gpo.gov/products/mindfulness-and-judging Elements of Case Management is available here: https://bookstore.gpo.gov/products/elements-case-managment Federal Rules of Civil Procedure as of December 1, 2016 can be found here: https://bookstore.gpo.gov/products/federal-rules-civil-procedure-2016 Cyber Infrastructure Protection, Volume III available here: https://bookstore.gpo.gov/products/cyber-infrastructure-protection-volume-iii

Managing Discovery of Electronic Information - Third Edition

Managing Discovery of Electronic Information - Third Edition PDF

Author: Federal Judicial Center

Publisher:

Published: 2020-09-24

Total Pages: 62

ISBN-13: 9781716557705

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This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments described by Chief Justice Roberts in the 2015 Year-End Report on the Federal Judiciary: (1) encourage greater cooperation among counsel; (2) focus discovery-the process of obtaining information within the control of the opposing party-on what is truly necessary to resolve the case; (3) engage judges in early and active case management; and (4) address serious new problems associated with vast amounts of electronically stored information. 1 The prevalence of ESI led to the December 1, 2006, amendments to the Federal Rules of Civil Procedure. Those amendments have been the bedrock for countless decisions in the U.S. courts. In 2008, Federal Rule of Evidence 502 was adopted to, among other things, address the consequences of inadvertent disclosure of ESI on claims of attorney-client privilege and work-product protection. The third edition also reflects the rise of new devices on which ESI is created and stored, such as smartphones, and new sources of ESI, such as social media. It updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits. 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.

Managing Discovery of Electronic Information

Managing Discovery of Electronic Information PDF

Author: Federal Judicial Federal Judicial Center

Publisher: Createspace Independent Publishing Platform

Published: 2017-01-01

Total Pages: 34

ISBN-13: 9781541388529

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This pocket guide is designed to help federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage those cases involving ESI, raising points for consideration by the parties rather than awaiting the parties' identification and argument of the matters. The guide covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work-product protection, and the preservation of data and spoliation. As you are reading, you may encounter some unfamiliar terms. Many of these terms are defined in a glossary at the end of the guide.

Electronic Discovery for Small Cases

Electronic Discovery for Small Cases PDF

Author: Bruce A. Olson

Publisher: American Bar Association

Published: 2012

Total Pages: 0

ISBN-13: 9781614383505

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As organizations create increasing amounts of digital data, electronic discovery costs for lawyers can skyrocket. For firms with limited technology budgets, or cases with small amounts of electronically stored information (ESI), e-discovery can be challenging. Electronic Discovery for Small Cases offers effective, budget-friendly solutions for collecting, viewing, and analyzing electronic evidence that will benefit any litigator.

e-Discovery For Dummies

e-Discovery For Dummies PDF

Author: Carol Pollard

Publisher: John Wiley & Sons

Published: 2009-11-16

Total Pages: 381

ISBN-13: 0470510129

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Discover the process of e-discovery and put good practices in place. Electronic information involved in a lawsuit requires a completely different process for management and archiving than paper information. With the recent change to Federal Rules of Civil Procedure making all lawsuits subject to e-discovery as soon as they are filed, it is more important than ever to make sure that good e-discovery practices are in place. e-Discovery For Dummies is an ideal beginner resource for anyone looking to understand the rules and implications of e-discovery policy and procedures. This helpful guide introduces you to all the most important information for incorporating legal, technical, and judicial issues when dealing with the e-discovery process. You'll learn the various risks and best practices for a company that is facing litigation and you'll see how to develop an e-discovery strategy if a company does not already have one in place. E-discovery is the process by which electronically stored information sought, located, secured, preserved, searched, filtered, authenticated, and produced with the intent of using it as evidence Addresses the rules and process of e-discovery and the implications of not having good e-discovery practices in place Explains how to develop an e-discovery strategy if a company does not have one in place e-Discovery For Dummies will help you discover the process and best practices of managing electronic information for lawsuits.

Cases on Electronic Records and Resource Management Implementation in Diverse Environments

Cases on Electronic Records and Resource Management Implementation in Diverse Environments PDF

Author: Krueger, Janice

Publisher: IGI Global

Published: 2013-08-31

Total Pages: 467

ISBN-13: 1466644672

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While web-based accessible materials have offered academic libraries an effective approach to managing electronic records and resources for its service population, a cross-discipline approach has not yet been executed. Cases on Electronic Records and Resource Management Implementation in Diverse Environments brings together real-life examples of how electronic records and resource management have been implemented across disciplines. Offering theories amid legal and ethical concerns of electronic records and resource management, this publication is essential for professionals involved in the education of library and information science and the training of individuals responsible for electronic records management in various disciplines.

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