A Qualitative Study of Issues Raised By the Discovery of Computer-Based Information in Civil Litigation

Molly Treadway Johnson; Kenneth J. Withers; Meghan A. Dunn

September 13, 2002, 67 pages

(Available On-line Only)

This study was undertaken to gain a better understanding of the nature of specific issues relating to computer-based discovery, including, but not limited to: the preservation or spoliation of computer-based evidence; costly efforts to retrieve computer-based information for purposes of discovery; the use of computer experts to assist with computer-based discovery; and privilege waiver in the context of computer-based discovery. This research report was submitted to the Judicial Conference Advisory Committee on Civil Rules for its October 2002 meeting. This unpublished research document is not restricted and may be distributed outside the federal judiciary.

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Advisory Committee on Civil Rules Unpublished Research

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Discovery and Disclosure Electronic Discovery Fed. R. Civil P. 26 Federal Rules of Civil Procedure Federal Rules of Practice and Procedure