Proposal / Submission Type
Peer Reviewed Paper
Location
Richmond, Virginia
Start Date
28-5-2014 4:00 PM
Abstract
Pre-trial discovery is perpetually controversial. Parties advantaged by strict privacy can often avoid justice when this is disadvantageous to their interests. Contrawise, parties advantaged by relaxed litigation privacy can achieve justice when all facts are accessible irrespective of their repositories, ownership or control. American-style pre-trial discovery in civil and regulatory enforcement is relatively rare around the world. U.S. discovery rules open nearly all relevant and non-privileged data for use by opposing parties. The traditional discovery process was costly and time consuming in the world of tangible paper data. However, these burdens have increased, rather than diminished as often predicted, as most data migrates to electronically stored information (ESI). This article provides a midstream assessment of the second major revision effort to accommodate U.S. discovery processes to the broad and deep problems arising during the past 20 years of document discovery experience with predominately ESI data sources.
Scholarly Commons Citation
Bagby, John W.; Granda, Byron; Benoit, Emily; Logan, Alexander; Snell, Ryan; and Schwerha, Joseph J., "The Federal Rules Of Civil Procedure: Politics In The 2013-2014 Revision" (2014). Annual ADFSL Conference on Digital Forensics, Security and Law. 2.
https://commons.erau.edu/adfsl/2014/wednesday/2
Included in
Aviation Safety and Security Commons, Computer Law Commons, Defense and Security Studies Commons, Forensic Science and Technology Commons, Information Security Commons, National Security Law Commons, OS and Networks Commons, Other Computer Sciences Commons, Social Control, Law, Crime, and Deviance Commons
The Federal Rules Of Civil Procedure: Politics In The 2013-2014 Revision
Richmond, Virginia
Pre-trial discovery is perpetually controversial. Parties advantaged by strict privacy can often avoid justice when this is disadvantageous to their interests. Contrawise, parties advantaged by relaxed litigation privacy can achieve justice when all facts are accessible irrespective of their repositories, ownership or control. American-style pre-trial discovery in civil and regulatory enforcement is relatively rare around the world. U.S. discovery rules open nearly all relevant and non-privileged data for use by opposing parties. The traditional discovery process was costly and time consuming in the world of tangible paper data. However, these burdens have increased, rather than diminished as often predicted, as most data migrates to electronically stored information (ESI). This article provides a midstream assessment of the second major revision effort to accommodate U.S. discovery processes to the broad and deep problems arising during the past 20 years of document discovery experience with predominately ESI data sources.
