FYI: Electronic Discovery

Introduction

Sending e-mail and creating documents that are stored electronically are two functions that are universal in business today. This means that when attorneys, or their clients, become involved in litigation, requests will be made to review and receive information in an electronic format. Electronic discovery is no longer limited to large firms or large companies since any size business can use electronic file storage. Amendments to the Federal Rules of Civil Procedure will go into effect on December 1, 2006 and are concerned with the rules of e-discovery. The following resources provide information on electronic discovery, the rule changes and also links to online research for landmark e-discovery cases.

Articles and Resources from ABA

Electronic Discovery Resources - LTRC Lawlink
Issues & Analysis: Electronic Discovery - ABA Section of Litigation
The New Federal Procedural Rules on Electronic Discovery: Writing Technology Into the Litigation Process - GP Solo eReport
Ten Tips Leading to Efficient and Effective eDiscovery for the Small Law Firm - GP Solo eReport
ABA Digital Evidence Project Survey On Electronic Discovery Trends and Proposed Amendments To The Federal Rules of Civil Procedure - February 2005

Books

From the American Bar Association:

Other Publications:

Dahlstrom - The New E-Discovery Rules
Law Partner Publishing - Electronic Discovery and Evidence
Moore's Federal Practice, E-Discovery: The Newly Amended Federal Rules of Civil Procedure- written by The Honorable Shira A. Scheindlin this pamphlet introduces the changes to electronic discovery
O'Connor's Federal Rules Civil Trials 2007 - available January 2007
Pike & Fischer - Digital Discovery & e-Evidence Best practices and evolving case law

Vendors

Vendors for electronic discovery may provide a software product that is used all the time to capture electronic information to streamline the discovery process. Others may also provide forensic electronic discovery services that are used when an electronic discovery request is made.

Vetting Your E-Discovery Vendor: The Lawyer’s Perspective - Law Practice Today
Ediscovery RFP- The Sedona Conference

*Mention of a company, product, or service does not indicate endorsement or support by the American Bar Association or the author.