The Federalist Society

Mississippi’s New Limitations on the Discovery of Electronic Data

April 8, 2004

Justin L. Matheny, John P. Sneed

The unpleasant question that nags at the back of the Mississippi practitioner’s mind as he or she either conducts or responds to discovery at a time in which the unprecedented growth - and freedom - in personal and corporate communications and information storage and retrieval methods intersects head-on with mass tort hysteria is, “How can I be sure that I’ve gotten everything I’ve asked for?”, whether from opposing counsel or the client. To be sure, this is not a new question, nor is it one prompted only by the glut of information that even the most techno-averse lawyer finds at his or her fingertips. But this question arises with more and more frequency in this age of electronically stored information, and the seemingly infinite amount of data and meta-data, or bytes and megabytes (to name just a “bit”), which create a very real potential for discoverable information overload....

Mississippi's New Limitations on the Discovery of Electronic Data  

The Federalist Society