The Office of Court Administration yesterday sought public comment on a proposal to expand the rule for addressing e-discovery issues in Commercial Division cases, and to extend that rule to cases where e-discovery is likely in all of the state’s trial courts. The proposal is posted at Court Notes.
Section 202.70 Rule 8 of the courts’ Uniform Rules already requires that in Commercial Division cases parties consult with each other at the beginning of a case about the e-discovery issues they anticipate. The new proposal would add language detailing what kind of e-discovery issues should be discussed. The issues include identifying potentially relevant categories of data; identifying the relevant computer servers; implementing measures to preserve relevant information; agreeing to a “claw back” procedure for parties to recall any privileged information that they provide by accident; and estimating the cost of e-discovery and agreeing on the initial allocation of that cost.
