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Guidance on e-Discovery in Federal Courts Percolating Out of the Civil Rules Advisory Committee

Among the numerous challenges that the information age has thrust on courts and practitioners across jurisdictions is the handling of “e-discovery.” Simply and more specifically put, how can parties to litigation deal reasonably, rationally and cost-effectively with discovery of computer-based information, which can now be created and stored in near-infinite quantities, as well as in an abundance of new forms? One example of ediscovery problems: although the overwhelming majority of a litigant’s digitally-stored information may likely be irrelevant to the issues involved in a lawsuit, parties often try to devise effective yet practical ways to review the entire universe of information because it is that needle in the haystack upon which many lawsuits turn....