Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Federal Rules of Civil Procedure (5)
- Zubulake (3)
- ESI (2)
- AT Attachment (1)
- ATA (1)
-
- Annual Survey of Electronic Discovery (1)
- Backup Tapes: You Can’t Live With Them and You Can’t Live Without Them (1)
- CJRA (1)
- Civil Justice Reform Act of 1990 (1)
- Civil Rules Advisory Committee (1)
- Convolve Inc. v. Compaq Computer Corporation (1)
- E-Discovery Amendments (1)
- Electronically stored information (1)
- FRCP (1)
- In Pursuit of FRCP 1: Creative Approaches to Cutting and Shifting the Costs of E-Discovery (1)
- In re Celexa and Lexapro Products Liability Litigation (1)
- In re: Brand Name Prescription Drugs Antitrust Litigation (1)
- Information Inflation: Can the Legal System Adapt? (1)
- Infotopia (1)
- Johannes Gutenberg (1)
- Kentucky Speedway LLC v. National Association of Stock Car Auto Racing (1)
- Managing Preservation Obligations After the 2006 Federal E-Discovery Amendments: The Litigation Hold Process in the ESI Era (1)
- McPeek v. Ashcroft (1)
- OCR (1)
- Optical character recognition (1)
- PDF (1)
- Philosophical Investigations (1)
- Phoenix Four Inc. v. Strategic Resources Corporation (1)
- Portable Document Format (1)
- Quinby v. WestLB AG (1)
Articles 1 - 6 of 6
Full-Text Articles in Evidence
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Richmond Journal of Law & Technology
Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
Richmond Journal of Law & Technology
One of the most innovative provisions in the newly-effective amendments to the Federal Rules of Civil Procedure addressing electronic discovery may be the creation of a two-tier system for the discovery of electronically stored information, under new Rule 26(b)(2)(B). This rule states that “[a] party need not provide discovery” of such information “from sources that the party identifies as not reasonably accessible because of undue burden or cost.”
Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman
Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman
Richmond Journal of Law & Technology
The 2006 E-Discovery Amendments to the Federal Rules of Civil Procedure (2006 Amendments or the Amendments) do not directly address the onset or scope of preservation obligations. As noted in the September 2005 Report of the Standing Committee of the Judicial Conference recommending adoption of the 2006 Amendments, preservation obligations “arise from independent sources of law” and are dependent upon “the substantive law of each jurisdiction.” However, the Amendments have a major impact on how parties must analyze and execute preservation obligations involving electronically stored information (“ESI”).
In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg
In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg
Richmond Journal of Law & Technology
The most important rule of all is the last sentence of [FRCP] 1, which provides that the Federal Rules of Civil Procedure ‘shall be construed to secure the just, speedy, and inexpensive determination of every action.’ It is this command that gives all the other rules life and meaning and timbre in the realist world of the trial court.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin
Richmond Journal of Law & Technology
I hope you enjoy the third issue of the Richmond Journal of Law and Technology for the 2006-2007 academic year, our Annual Survey of Electronic Discovery. This is our first annual survey since the new amendments to the Federal Rules of Civil Procedure, which at the time of this publication have been in effect for several months, that affect electronic discovery in several significant ways. The entire staff of the Journal has worked diligently to bring these articles to our readers. Whether you are new to the Journal and electronic discovery, or whether you are a long-time reader, you will …
The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert
Richmond Journal of Law & Technology
Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …