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Volume 5: Issue 1
Guidance on e-Discovery in Federal Courts Percolating Out of the Civil Rules Advisory Committee
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Among the numerous challenges that the information age has thrust on courts and practitioners across jurisdictions is the handling of “e-discovery.” Simply and more specifically put, how can parties to litigation deal reasonably, rationally and cost-effectively with discovery of computer-based information, which can now be created and stored in near-infinite quantities, as well as in an abundance of new forms? One example of ediscovery problems: although the overwhelming majority of a litigant’s digitally-stored information may likely be irrelevant to the issues involved in a lawsuit, parties often try to devise effective yet practical ways to review the entire universe of information because it is that needle in the haystack upon which many lawsuits turn....