The Most Important E-Discovery Rule
To regain a class’s focus on a certain subject that they may not have been studying hard enough otherwise, teachers will often use a Pop Quiz. Ronald Hedges, former United States Magistrate Judge in the District of New Jersey, is a believer in the pop quiz as well. In the most recent New Jersey Law Journal, Hedges writes:
“Time for a pop quiz. Can you name the most important of the so-called “e-discovery” amendments to the Federal Rules of Civil Procedure adopted in 2006? Candidates include, among others, Rule 26(b)(2)(B), which introduced the concept of “not reasonably accessible” electronically stored information; Rule 26(b)(5)(B), which established a uniform procedure among the United States district courts to assert claims of inadvertent production; Rule 34(b), which addressed form of production of ESI; and Rule 37(e), which purported to create a “safe harbor” from sanctions for loss of ESI under certain circumstances” Continue reading…
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