Electronic Discovery Alert 2018-2
April 4, 2018
New Electronic Discovery Primer from the Sedona Conference
In 2015 the United States Supreme Court approved changes to the Federal Rules of Civil Procedure. The changes were designed, in part, to address discovery abuses and delays. Specifically the drafters sought to curb overly broad, non-particularized discovery requests; overuse of boilerplate objections; failure to clarify whether responsive documents were being withheld; and failure to indicate a schedule for production. According to scholars and judges, parties continue to exercise old discovery habits.
In an effort to assist attorneys do a better job complying with the now “not so new “rules, the Sedona Conference has published the Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests. The primer provides a checklist for the early discovery conference. Addressing each item in the checklist allows parties to put an ESI plan in place. The primer goes on to discuss drafting discovery requests and responses. In addition, the primer includes a list of cases addressing specificity of requests for production and a list for specificity of objections . Finally the primer provides a list of standing orders, guidelines and checklists drafting by various federal circuit and district courts.
Find the full text of the primer here:
Although not included in the Sedona Conference primer, it is certainly worth noting that the United States District Court, Southern District of Florida has published a checklist for electronic discovery in their local rules on page 78.
2017Southern District Local Rules.pdf
In addition,the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County has issued a standing order regarding electronic discovery.