In 2008, two criminal cases addressed large amounts of unintelligible documents being dumped on the unprepared defendant: United States v. O’Keefe and United States v. Graham. O’Keefe teaches that when the Rules of Criminal Procedure are silent in a criminal case, the civil discovery rules provides a thoughtful and well reasoned answer for how to handle the production of large quantities of unintelligible documents stored electronically. Graham, on the other hand, did not apply the civil rules to a comparatively similar criminal data dumping case, but that case did re-emphasize the need and the duty to manage electronic discovery before discovery obligations overwhelm the litigants. As a result, these two cases are cries out for change to the criminal rules to account for electronic discovery.
Available at: http://works.bepress.com/david_degnan/1/