In most civil cases filed today, discovery is likely to include electronically stored information (“ESI”). This article details the steps counsel must take when a lawsuit filed, and the article gives particularized instruction on ESI at each juncture. The article discusses the following steps: At Step One, the judge issues an initial scheduling order, which puts into motion several deadlines: the Rule 26(f) conference, the date to submit the parties’ planning report, and the Rule 16 Conference. Step Two directs attorneys to talk to their own clients about ESI that is relevant to the case. Questions are suggested, such as: where does relevant ESI reside, and is that ESI readily accessible? Step Three describes the Rule 26(f) conference with opposing counsel. The article outlines the topics that must be discussed during the conference and the required contents for a discovery plan. A discussion of the various forms ESI is included at Step Three. At Step Four, the article discusses the planning report, which represents the attorney’s proposals, agreements, and disagreements on ESI and other discovery issues. Step Five discusses the Rule 16 conference. Step Six, the final step, the judge issues the scheduling order that will guide the case through trial. By the end of the article, attorneys will have a better understanding of ESI terminology and will be able to navigate the meet and confer process, specifically with regard to ESI issues.
- electronically stored information,
- amended civil rules,
- document requests
Available at: http://works.bepress.com/amii_castle/1/