low-hangingRalph Losey reviews Judge Paul Grimm’s revolutionary model ediscovery protocol order here. Under Judge Grimm’s protocol, parties first produce admissible evidence and only later produce matter “reasonably calculated.”

Judge Grimm is using his discretion to effectively rewrite the Federal Rules to harness the efficiencies that electronic discovery can provide and that proportionality requires. If his method proves out (as I believe it will, at least in larger cases) it will completely transform discovery.