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Electronically Stored Information (ESI)

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September 12, 2018

This guide provides information for judges about organizing, managing, and storing physical documents and electronic materials in chambers. It discusses the importance of federal judges' papers as a documentary record of judges' careers and the work of the federal courts.

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.

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

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

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 harmon

David G. Campbell, Gene E.K. Pratter, John G. Koeltl, Paul W. Grimm
December 1, 2015

Paul W. Grimm
December 1, 2015

Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party fai

David G. Campbell
December 1, 2015

Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery.

Sean Broderick, Donna Lee Elm, Andrew D. Goldsmith, John Haried, Kiran Raj
November 25, 2015

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.

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