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Technology in Litigation

Technology in Litigation


We are in an era of rapidly changing technology. More and more, judges are called upon to understand developments in areas such as surveillance technology, cloud computing, and cybercrime. Presented here are Federal Judicial Center resources developed on this important topic.

Technology in Litigation: Recent Resources

Technology-Assisted Review for Discovery Requests: A Pocket Guide for Judges
Timothy T. Lau and Emery G. Lee III
2017, 17 pages
This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

Criminal e-Discovery: A Pocket Guide for Judges
Sean Broderick, Donna Lee Elm, John Haried, and Kiran Raj
2015, 90 pages
This pocket guide was developed to help judges manage complex e-discovery in federal criminal cases. The advantages of electronically stored information (ESI, or e-discovery) include speed, efficiency, and quality of information. To ensure these benefits are realized, judges and lawyers working on federal criminal cases need guidance on how best to address e-discovery issues. This guide helps judges to ensure that e-discovery moves smoothly, trial deadlines are met, and the parties and courts are able to review and identify critical evidence.