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Technology in Litigation


Tutorials on Science and Technology
Melissa J. Whitney
2018, 22 pages
Science tutorials have become a tool to assist judges in managing cases that involve complex science and technology. They provide an early opportunity for the court to learn and ask questions about relevant science and technology outside motion practice. Courts may consider holding science tutorials in cases that involve recent scientific findings or newer technologies. This guide provides an overview of practical considerations to help judges plan and conduct science tutorials effectively.

Managing Discovery of Electronic Information, Third Edition
Ronald J. Hedges, Barbara J. Rothstein, and Elizabeth C. Wiggins
2017, 55 pages
This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) covers the December 1, 2015, amendments to the Federal Rules of Civil Procedure and reflects the rise of new sources of ESI, particularly social media, and updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits.

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.

Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition
Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins
2012, 40 pages
This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage cases that involve ESI through early intervention and sustained supervision and to use the many tools available to them—case-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctions—to facilitate cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. It covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work product protection, and the preservation of data and spoliation.

Supervising Cybercrime Offenders Through Computer-Related Conditions: A Guide for Judges
Stephen E. Vance
2015, 38 pages
This guide provides an overview of special conditions of supervised release and probation restricting computer and Internet use in an effort to protect the public from cybercrime, including child pornography offenses. The guide summarizes the relevant statutory provisions and Sentencing Guidelines policy statements that courts consider when evaluating computer and Internet special conditions; reviews Judicial Conference policy concerning the recommendation and execution of special conditions by federal probation officers; summarizes the types of bans and restrictions on computer and Internet access during postconviction supervision that have been upheld or rejected by courts, and discusses the most important factors that courts consider in assessing the restrictions; and describes the factors courts consider when evaluating conditions requiring computer filtering or monitoring and discusses other procedural issues related to the imposition and execution of such restrictions.