The Age of e-Discovery

The "Age of Discovery" refers to those past centuries when Columbus, Magellan, and other explorers navigated to new worlds. Recently, the U.S. Supreme Court (Supreme Court) approved a package of proposed amendments to the Federal Rules of Civil Procedure regarding discovery of "electronically stored information, " including revisions and additions to Rules 16, 26, 33, 34, 37, and 45 as well as Form 35. Under the proposed amendments, which will take effect in December 2006, electronically stored information is explicitly recognized as a category distinct from "documents" and "things" for purposes of managing discovery. Thus, the Supreme Court has ushered in an "Age of e-Discovery" that will require careful "navigation" of a different sort. Much disaster can be averted by skillfully plotting your course in advance – starting even before the complaint is filed.