Court-Initiated Pilot Programs and Model Rules in E-Discovery (Tip of the Month)

Originally published January 2012

Keywords: e-discovery, electronically stored information, ESI, discovery, standing orders, model orders, pilot programs

Scenario

An organization is named as a defendant in a putative class action in the Southern District of New York. In-house counsel notices the long order that follows the complaint, including a twelve-page form that the parties are to complete regarding electronic discovery. In-house counsel is concerned about gathering all of that information so early in the litigation, and wonders if other courts are requiring similar early due diligence with respect to electronic discovery.

From Recommendations to Requirements

It is no secret that discovery costs, including the review and production of electronically stored information (ESI), frequently make up a substantial portion of the overall cost of a lawsuit. The Federal Rules of Civil Procedure, various corresponding state rules, and guidance from individual