In any case where emails between the parties will be discoverable, the parties should collect and jointly analyze the emails between them, before the initial scheduling conference, in order to agree on an efficient and proportional ediscovery plan and to attempt early resolution.
Joe Looby’s unique historical documentary, The Decade of Discovery (10th Mountain Films), shows how a few lawyers, judges, and scholars recognized the scope of the looming electronic discovery juggernaut and took the first major systematic steps to rein it in. Continue reading →
Ralph 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.