Do you require parties to confer regarding a plan addressing discovery of electronically stored information?
Salinger, J.: Yes, absolutely. The parties should confer and agree how to make the discovery process work for all concerned. Where the parties are using search terms to find potentially responsive electronic documents or information, the parties will need to plan for in build in an iterative process. Search terms that produce millions of hits are too broad. Those that file to turn up much of anything are too narrow. Working through the mechanics of ESI discovery needs to be a cooperative process.
Krupp, J.: Yes.
Kazanjian, J.: Yes.
Squires-Lee, J.: Yes.
Do you have a standard order or established guidelines for the discovery of electronically stored information as set forth in Rule 26(f)(3)?
Do you generally include anything in addition to the list set forth in Rule 26(f)(3)?
Salinger, J.: I do not have a standard order or guidelines for discovery of electronically stored information. Parties have generally been able to agree upon the standards and parameters that make sense for that case.
Krupp, J.: No.
Kazanjian, J.: No.
Squires-Lee, J.: No. But, like Judge Salinger, I expect the parties to be able to work together in good faith to establish parameters that make sense.
What do you consider in issuing an order for allocating expenses for discovery of electronically stored information?
Salinger, J.: Like Judge Krupp, I have trouble recalling this issue coming before me.
Krupp, J.: I have rarely been presented with the issue.
Kazanjian, J.: I would consider the breadth of the request and the burden it would impose on the responding party. I would also consider proportionality issues, such as the cost to respond to the request versus the amount in dispute.
Squires-Lee, J.: It depends on the issues in the case, whether the responding party is a named party or not a party to the case, the scope of the electronic discovery sought, and the burden on the responding party.
| Date published: | April 1, 2022 |
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| Last updated: | May 15, 2024 |