The Discovery Update – May 2009


The Discovery Update – May 2009

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May 2009

From the President

As you know, e-discovery has become an engrained part of litigation in our country and it continues to evolve at a rapid rate.

The spectrum of e-discovery has gone way beyond email and has expanded into new technologies very quickly. Instant and text messages, blogs, voicemails, voice over internet protocol (VOIP) and Facebook pages are some of the latest forms of ESI that sometimes need to be collected, processed, culled and reviewed.

With the goal of providing information that can help you in your e-discovery process, we included an article on “How to Reduce Ediscovery Costs in a Down Economy” and sample e-discovery interrogatories along with a detailed e-discovery checklist.

We encourage you to send us information that has helped you in your practice and that you think will benefit our readers.

Best regards,
Sheila Atkinson-Baker

Total Revamp of Federal Rules of Civil Procedure?

By Mary Mack, Esq.
Corporate Technology Counsel, Fios Inc.

The American College of Trial Lawyers Task Force on Discovery and The Institute for the Advancement of the American Legal System released a report in March calling for radical change in the Federal Rules of Civil Procedure (FRCP) that may, according to the ACTL website, “one day underpin the transformation of civil procedure in federal and state systems throughout the United States.”

This report was created through the collaboration of seasoned (average of 38 years of experience) peer-selected trial lawyers from both sides of the bar and a well-funded, politically savvy legal institute. The report has gained wide attention and will serve as the foundation for a campaign to change, not merely amend, the FRCP. Comments and participation are invited by both groups.

Tom Allman calls it the “new wave” in his latest version of his report on the state rules and says that many groups will be discussing it in the near future, including the Sedona Conference and the Standing Committee on the Rules.

Two and a half years after the amendments to the FRCP took effect, the trial lawyers – overwhelmed by clogged courts as a result of increased litigation, discovery in general and e-discovery in particular – are calling for change to fix a “broken” system. While the starting point of their analysis was focused on discovery, the report’s recommendations ultimately upend current procedure in many significant ways.

Read full article>>

Deposition Preparation and Technology

By Joshua Gilliland, Esq.
Ediscovery Consulting, D4 Smarter Discovery™

I have taken and defended a good number of depositions.  Preparing for deposition requires thoroughness, thoughtfulness, and not being tied to your question outline like a student actor reading a script.  Whether you are “old school” or “new school,” there are many ways to enhance your deposition practice with litigation support software.

There are many effective ways to prepare for a deposition.  Here are tactics I have used with and without technology:

Read full article>>

Total Revamp of Federal Rules of Civil Procedure?

Deposition Preparation and Technology

How to Reduce Ediscovery Costs in a Down Economy

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How to Reduce Ediscovery Costs in a Down Economy
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