No matter how vigilant, there is no way to fully insulate yourself from a potential lawsuit. It should come as no surprise that defending a lawsuit, even one where you are ultimately not liable, can be costly. Advancements in technology, including the ubiquitous use of e-mail, can significantly increase the cost of litigation. With all of the unavoidable expenses associated with litigation, in these economic times it is necessary to implement mechanisms that help curtail the cost of litigation, especially with regard to electronic discovery.
Relevant Court Rules Regarding
Electronic Discovery
Courts have recognized the importance of technological advancements in litigation by implementing rules that require parties to produce electronic information in discovery. Indeed, both the Federal Rules of Civil Procedure (the “Federal Rules”) and the New Jersey Rules of Court (the “NJ Rules”) (collectively, the “court rules”) require parties to produce their electronically stored information (‘ESI”) during litigation. Federal Rules 26(a)(1) and NJ Rules 4:18-1(a).
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