Managing Discovery of Electronic Information

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