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Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron
Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron
Seattle University Law Review
This Comment will argue that the discovery rules presently require disclosure of an unacceptable amount of information. Part II of this Comment will outline some of e-mail's advantages over other communications media to help explain the rapid rise in e-mail use. Part III will then explain, in layman's terms, how e-mail actually works and discuss some of the reasons why e-mail archives are often considered as likely to contain “smoking gun” messages—the kind of evidence that can drastically affect the outcome of a case. But what is it about e-mail that can make it such a potent evidentiary weapon? The …
The Myth Of Uniformity In Federal Civil Procedure: Federal Civil Rule 83 And District Court Local Rulemaking Powers, David M. Roberts
The Myth Of Uniformity In Federal Civil Procedure: Federal Civil Rule 83 And District Court Local Rulemaking Powers, David M. Roberts
Seattle University Law Review
This Article begins by demonstrating that the proliferation of local rules indeed poses a threat to the integrity and uniformity of federal procedure. The Article next examines the general policies relating to local rulemaking. Based on that analysis, the final section presents specific proposals for rethinking rule 83 to permit informed local control over truly local matters, while placing beyond the reach of district courts those matters that are national in scope.