X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The proposed amendments to the Federal Rules of Civil Procedure, which the Supreme Court approved in April, are certain to bring a sea change in the way modern litigation is conducted.

Now that we are less than six months away from the promulgation of the rules (Dec. 1), judges and practitioners alike are already referring to the new guidelines as they try to navigate the wide-reaching, uncharted waters of e-discovery. The amendment that portends the farthest-reaching changes is proposed Rule 26(b)(2)(B), which states:

A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

It’s time to look to the future and determine how the “accessibility” standard will play out in the real world. This article offers a framework for the requesting parties and the responding parties as they attempt to address the new accessibility rules for discovery of electronically stored information in civil litigation.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.