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29 June 2012 Managing Discovery of Electronic Information: A Pocket Guide for Judges
To: cyberia-l[at]googlegroups.com [A legal affairs list] I had the opportunity to visit the Administrative Office of the US Courts, and I ran across a rack of publications outside their cafeteria. As it turns out, the Federal Judicial Center publishes a huge variety of handbooks and guides, many of which are available for download as PDF files. You can browse the library at <http://www.fjc.gov/library/fjc_catalog.nsf/>. I picked up a copy of "Managing Discovery of Electronic Information: A Pocket Guide for Judges"; while I am neither attorney nor judge, I found it interesting in terms of how various technologies are considered in the context of the discovery process. For instance, the Seventh Circuit apparently has a standing order that names the following electronic data "not reasonably accessible" for the purpose of discovery proceedings: ---quote-- (1) deleted, slack, fragmented, or unallocated data on hard drives; (2) random access memory (RAM) or other ephemeral data; (3) on-line access data such as temporary internet files, history, cache, cookies, etc.; (4) data in metadata fields that are frequently updated automatically, such as last-opened dates; (5) backup data that is substantially duplicative of data that is more accessible elsewhere; and (6) other forms of ESI whose preservation requires extraordinary affirmative measures that are not utilized in the ordinary course of business. --end quote-- You can grab this particular document from <http://1.usa.gov/LJg6tS>.
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