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Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition [Superseded]

Barbara Jacobs Rothstein, Ronald J. Hedges, Elizabeth C. Wiggins
May 21, 2012

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 themcase-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctionsto 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.

Superseded by Managing Discovery of Electronic Information, Third Edition (2017).