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- Ameriwood Industries Inc. v. Lieberman (1)
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Articles 1 - 2 of 2
Full-Text Articles in Evidence
The Increasing Importance Of Metadata In Electronic Discovery, W. Lawrence Wescott Iii
The Increasing Importance Of Metadata In Electronic Discovery, W. Lawrence Wescott Iii
Richmond Journal of Law & Technology
Metadata, by its nature, is a secondary class of data. Although commonly described as “data about data,” a more formal definition has been given as “evidence, typically stored electronically, that describes the characteristics, origins, usage and validity of other electronic evidence.” The emphasis in the short history of electronic discovery has been on this “other electronic evidence,” such that arguments were made, when drafting the electronic discovery amendments to the federal rules, that metadata should be excluded from discovery.
The “Two-Tiered” Approach To E-Discovery: Has Rule 26(B)(2)(B) Fulfilled Its Promise?, Thomas Y. Allman
The “Two-Tiered” Approach To E-Discovery: Has Rule 26(B)(2)(B) Fulfilled Its Promise?, Thomas Y. Allman
Richmond Journal of Law & Technology
We have now had more than a year to assess the impact of the 2006 Amendments of the Federal Rules of Civil Procedure (“the Amendments”) on discovery of electronically stored information. At the core of these provisions is the “two-tiered” discovery process. Under Rule 26(b)(2)(B), restyled as “Specific Limitations on Electronically Stored Information,” a party is permitted to utilize information from “reasonably accessible” sources of electronically stored information to respond to all forms of discovery without seeking information from inaccessible sources, provided that they are identified. Reasonably accessible sources are those which are available without “undue burden or cost.”