Court Rules Archives

How Much Privilege Review is Required Under a Clawback Agreement?

Attorney Client Privilege and Attorney Work Product, Court Rules, Document Review, E-Discovery, Electronically Stored Information (ESI), ESI Production, Evidence, FRCP, Scope of Discovery, 06 Mar, 2019

Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.

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Even With Clawback Agreement, Use of Material May Waive Privilege

Attorney Client Privilege and Attorney Work Product, Court Rules, E-Discovery, Evidence, 18 Jul, 2018

Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Costs and Cost Shifting, Court Rules, E-Discovery, FRCP, Recoverable Costs, 02 Jul, 2018

In federal litigation, responding party is generally responsible for subpoena costs. However, financial hardship or state statutes or rules may shift costs.

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The Mandatory Initial Discovery Pilot Year One: An (Unscientific) Study

Court Rules, E-Discovery, Electronically Stored Information (ESI), ESI Production, FRCP, Scope of Discovery, 20 Jun, 2018

An Illinois federal court surveys attorneys on expedited discovery rules. Despite negative responses, the MIDP program might be meeting some of its goals.

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New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Court Rules, E-Discovery, Electronically Stored Information (ESI), Evidence, 15 Jan, 2018

Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.

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New Rule Permits Self Authentication of Electronic Evidence

Court Rules, E-Discovery, Electronically Stored Information (ESI), Evidence, 06 Dec, 2017

Changes to Federal Evidence Rule 902 effective December 1 allow "self authentication" of certain electronic evidence and electronically stored information.

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Is it OK to Redact Irrelevant Information in Document Discovery?

Court Rules, Document Review, E-Discovery, Electronically Stored Information (ESI), ESI Production, Evidence, FRCP, Scope of Discovery, 28 Nov, 2017

Generally, irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.

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Federal Mandatory Initial Discovery Pilot Program Cheatsheet (Infographic)

Court Rules, E-Discovery, Electronically Stored Information (ESI), ESI Production, FRCP, 18 Jul, 2017

Coming to a court near you? An infographic overview of the Mandatory Initial Discovery Pilot (MIDP) being tested by federal judges in Illinois and Arizona.

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