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Discovery & Disclosure

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December 1, 2017

Federal Rules of Evidence 902(13) and 902(14), which became effective on December 1, 2017, provide for the self-authentication of electronic evidence. Under these rules, electronic evidence can be authenticated by certification instead of by testimony. Rule 902(13) applies to electronic evidence such as computer files, social media posts, and smart device data. Rule 902(14) applies to electronic copies.

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November 7, 2017
Elizabeth C. Wiggins

This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases.

October 24, 2017

This page includes documents related to the use of discovery and the Rule 2004 examination and production process. A Chapter 9 debtor is obligated to provide only limited financial and operational information with its petition. Because of a Chapter 9 debtor’s limited disclosure obligations, creditors may request additional information through discovery or Rule 2004 examination process.

Rule 2004 Examinations and Discovery is one of several Chapter 9 Online Repository categories.

September 20, 2017
Ronald J. Hedges, Barbara J. Rothstein, Elizabeth C. Wiggins

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.

July 27, 2017

The Advisory Group to the New York State–Federal Judicial Council analyzed New York State and federal courts’ treatment of prelitigation conduct involving the creation, retention, and destruction of electronically stored information (ESI) to determine whether the courts were consistent and harmonious when addressing these issues.

July 4, 2017

A detailed description of the Mandatory Initial Discovery Pilot Project, which began in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

July 4, 2017

A detailed description of the Mandatory Initial Discovery Pilot Project, which begins for participating judges in the Northern District of Illinois, Eastern Division, on June 1, 2017.

A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project in the Northern District of Illinois.

June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

Downloadable file:
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May 20, 2017

A checklist itemizing the procedural requirements of the Mandatory Initial Discovery Pilot Project. The checklist is designed to be helpful to judges presiding over pilot cases and to attorneys participating in pilot cases as pilot requirements apply to the initial stages of discovery. The pilot project begins in the Northern District of Illinois, Eastern Division, on June 1, 2017.

May 18, 2017

The Northern District of Illinois has created a specific list of events dedicated to the filing of pleadings under the Mandatory Initial Discovery Pilot Project. The complete list of pilot events are:

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