Discovery Resources

When Supreme Court Justice Antonin Scalia went on a publicity tour for his book on legal writing earlier this year, it was considered a rare peek into the mind of an influential jurist. This article by Jason Krause on Law.com discusses how few litigation topics have gotten the judiciary talking as much as e-discovery.

State and local governments are routinely confronted with new and complex challenges. Texas, like some other states, proactively changed its procedures prior to the amendments to the Federal Rules of Civil Procedure. In this article, Chad Vander Veen at Government Technology discusses the importance of this proactive approach.

Chief U.S. Magistrate Judge Paul W. Grimm and attorneys Paul Mark Sandler and Charles S. Fax, whose second book, entitled “Maryland Discovery Problems and Solutions,” address the issues around discovery and privilege in this article by Brandon Kearney from the Maryland Daily Record.

The Judicial Council in California is considering new rules for electronic discovery, which has been received warily by the high-tech industry. Read more on Law.com.

The Judicial Council of California on Friday approved proposed legislation to modernize civil discovery law and improve the procedures for handling the discovery of electronically stored information in California civil cases. Read more about the endorsement on Metropolitan News-Enterprise.

Tom Allman is everywhere. As our legal community rationalizes our practices (rules), he will be one of the main reasons that the rules in different jurisdictions are as harmonized as they are now. There are distinct differences that can be exploited, but they are more nuances than wholesale differences.

An excerpt from the great coverage continue…

More links and cases from the State Rule Webcast with Tom Allman:

Uniform Rules Relating to the Discovery of Electronically Stored Information from the National Conference of Commissioners on Uniform State Laws.

California case where requesting party pays costs:
Toshiba Am. Elec. Components, Inc. v. Superior Court, 21 Cal. Rptr. 3d 532 (Cal. Ct. App. continue…

Tom Allman sent me a note regarding production of not reasonably accessible (§2031.060(b)) ESI for good cause (§2031.060(e)) in the California proposed amendments for electronic discovery. As posted earlier today, Ralph Losey thinks otherwise.

Ralph’s concerns are around a fear that good cause is not defined well in California law and that the producing party needs continue…

Tom Allman, editor of the 2007 Sedona Principles and Lawyers for Civil Justice Ediscovery chair, and I just concluded a feisty and informative webcast on the “state of the State Rulemaking process”.

Many states have already adopted some form of rules around ediscovery and others are currently cooking (Illinois, NY, California). Tom is and has continue…