"The Federal Judicial Center -- the research and education agency of the federal judicial system -- has published the second edition of its influential booklet, Managing Discovery of Electronic Information: A Pocket Guide for Judges, by Barbara Rothstein, Ronald Hedges, and Elizabeth Wiggins. The 48-page publication updates the previous 2007 edition, and can be">"> downloaded free from the center's website. It covers a range of topics, from explaining the difference between conventional paper discovery and electronically stored information, to providing tips on a judge's role. The booklet also includes a five-page glossary, mostly derived (with permission) from The Sedona Conference Glossary: E-Discovery & Digital Information Management (3d ed. 2010).
This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage cases that involve ESI through early intervention and sustained supervision and to use the many tools available to them—case-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctions—to facilitate cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. It covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work product protection, and the preservation of data and spoliation.
You guys have heard me spout-out about EDD/ESI for years now and here I go again...
And since I blogged about the first edition,The Pocket Guide to Electronic Discovery for Judges, it makes sense to blog about the second.
So why do you, the Dev or IT guy care about this?
If you live on earth, use any kind of "electronically stored information" (ESI) and there's a chance you might be involved in a legal matter, then the more you know about ESI the better. Yes, even you non-lawyer types. And the better you are able to talk to/with lawyer types, the less stressful the ESI part of that legal matter will be.
Okay, okay, this guide might be overkill for you, but still there might be a few nuggets, like the Glossary, you might be able to use.
Related Past Post XRef:
The Pocket Guide to Electronic Discovery for Judges