June 2006

A Proposed Best Practices Framework

By David Isom and Dean A. Gonsowski

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 6 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 electronic discovery. The amendment that portends the farthest-reaching changes is proposed Rule 26(b)(2)(B).
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.

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