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October 17, 2008    DOL Home > OASAM > Wirtz Labor Library > Law Library > Law Tips Archive > Electronic Discovery   

Electronic Discovery

Proposed amendments to Federal Rules are located on the website of the U.S. Courts under Federal Rulemaking. Select Pending Rules Amendments to see a list of and links to the most recent amendments arranged by date, rule type, and rule number.

One of the proposed amendments in August 2004 - December 2006 pertains to electronic discovery:

“Civil Rule 26 (General Provisions Governing Discovery; Duty of Disclosure) (requires parties to discuss during the discovery-planning conference issues relating to the disclosure and discovery of electronically stored information).”

For background information concerning electronic discovery, consider these resources:

  • Federal Judicial Center (FJC): The “Materials on Electronic Discovery” page provides access to such documents as “Materials on Electronic Discovery: Civil Litigation, Electronic Discovery”, presented at the National Workshop for U.S. Magistrate Judges, June 12, 2002 and a bibliography of Annotated Case Law on Electronic Discovery.

  • Sedona Conference Working Group Series: Uses Conferences and working groups to bring together jurists, lawyers, experts, and others in antitrust law, complex litigation, and intellectual property rights. The Publications page provides access to documents such as “The Sedona Guidelines for Managing Information and Records in the Electronic Age.”

The following is an excerpt from a Legal Research Guide on Case Law Resources published by The Virtual Chase:

  • Electronic Discovery Case Database: "Preston Gates & Ellis maintains and continually updates a database containing more than 500 electronic discovery cases collected from state and federal jurisdictions around the United States. This database is searchable by keyword, as well as by any combination of 19 different case attributes, e.g., back-up tapes, allegations of spoliation, etc. Each search will produce a list of relevant cases, including a brief description of the nature and disposition of each case, the electronic evidence involved and a link to a more detailed case summary if available <https://extranet.prestongates.com/eDiscovery/>."

More information about Federal Rules, U.S. Courts, and the Federal Judicial Center can be found in previous tips.


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