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Focus (Forum & Focus)

Sep. 18, 2008

Formulating Plan E

Because the cost of eDiscovery can quickly outpace the actual value of the case, attorneys can no longer afford to play hide the ball, writes Albert Barsocchini. - Focus Column

FOCUS COLUMN

By Albert Barsocchini

State trial courts are developing their own eDiscovery rules that are both similar to and different from the Federal Rules of Civil Procedure. Thus far, more than 18 states have adopted rules addressing the discovery of electronically stored information. The California Judicial Council proposed its own set of rules that were passed by the Assembly on July 10, 2008, (A.B. 926) and is now awaiting Gov. Arnold Schwa...

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