All electronically stored information responsive to discovery demands has been hunted down. Now what?
Under Rules 202.12(c)(3) and 202.70(g) (Rule 8) of the Uniform Civil Rules for the Supreme Court and County Courts, counsel were to have discussed issues concerning ESI before and/or at the preliminary conference, and to have agreed upon, among other things, “the scope, extent and form of production” and “disclosure of the programs and manner in which the data is maintained.”[FOOTNOTE 1] However, in cases where counsel have not agreed on ESI issues, courts are compelled to fill the void, and the decisions are often not what was expected by the parties and counsel.
