Managing Discovery of Electronic Information

This pocket guide is designed to help federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage those cases involving ESI, raising points for consideration by the parties rather than awaiting the parties’ identification and argument of the matters. The guide covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and workproduct protection, and the preservation of data and spoliation. 

Preface, v

Introduction, 1

What Is Electronically Stored Information and How Does It Differ from Conventional Information? 2

Early Consideration of ESI—Rules 26(f) and 16, 4

ESI and Rule 26(a)(1) Disclosures, 5

ESI and Scope of Discovery Under Rules 26(b)(1) and 26(b)(2), 6

Allocation of Costs, 10

Discovery from Nonparties, 12

Form of Production, 13

Waiver of Privilege or Work-Product Protection, 14

Preservation of ESI, 16 Spoliation and Sanctions, 18

Conclusion, 20

Glossary, 22

Federal judges are the primary audience for this information resource.