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Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

2004

FRCP

Articles 1 - 2 of 2

Full-Text Articles in Evidence

“Do I Really Have To Do That?” Rule 26(A)(1) Disclosures And Electronic Information, David J. Waxse Jan 2004

“Do I Really Have To Do That?” Rule 26(A)(1) Disclosures And Electronic Information, David J. Waxse

Richmond Journal of Law & Technology

When the Federal Rules of Civil Procedure (FRCP) were formally adopted by United States Supreme Court Order on December 20, 1937, the emergence of computers and electronic information and their widespreadusewerehardlycontemplated. AlthoughtheFederalRulesof Civil Procedure have been amended on occasion to accommodate changing technology, the advent of the computer age creates new challenges for litigants, their attorneys, and the courts as they strive to apply traditional rules in an innovative technological environment. This article discusses just one aspect of that challenge: the fact that the vast majority of information now exists in electronic format and the impact of this reality on ...


Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone Jan 2004

Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone

Richmond Journal of Law & Technology

Seventy years ago, when the world was still paper-based, a famous lyricist wrote: “Say, it’s only a paper moon [s]ailing over a cardboard sea. But it wouldn’t be make-believe [i]f you believed in me.” Jump to today’s digital world, and imagine those lines re-written in an e-mail from a litigator to a client: “Now, underneath each paper moon is a vast electronic sea. If you plot a realist’s course you’ll cruise e-Discovery.” In the twentieth century, while civil litigation often wallowed in discovery disputes, at least paper’s one-dimensional nature provided several boundaries ...