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Federal Courts and Discovery of Electronically Stored Information

By Connie A. Matteo, Esq., Timothy Coughlan, Esq., and David C. Uitti, Esq.

Although most medical malpractice actions are brought in state courts, some must be litigated in federal courts, usually because of diversity of citizenship. When it comes to discovery in these cases, it's important to understand the federal rules that come into play.

Since their invention more than 50 years ago, we have come to rely on computers to keep track of virtually every facet of our lives. Courts have acknowledged the central role of computers, understanding that individuals and corporations have used computers to cut costs, improve production, enhance communication, store countless data and improve capabilities in every aspect of human and technological development. Given the central role of computer technology in our personal and professional lives, discovery requests for electronically stored information have become commonplace. The costs associated with discovery frequently escalate when the information sought is stored electronically, because retrieval is often more complicated and nuanced than the production of hard copies of documents. Not surprisingly, the disclosure and production of electronically stored information is often the subject of discovery disputes.

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