BizNiz Law

Legal Holds — a Video inspired by trailer to Matrix 4 Resurrections

Spoliation in the Matrix

The Scope of Federal Civil Discovery is often called “liberal,” however, the Federal Rules require proportionality including evaluation of several factors to determine if discovery is warranted in a particular case.

Scope of Discovery under Federal Rules including Proportionality

The Federal Rules of Civil Procedure protects litigants from unwarranted discovery of Electronically Stored Information that is “not reasonably accessible” and provides a safe harbor for negligent spoliation of ESI.

ESI Discovery

Two Rules in the Federal Rules of Civil Procedure specifically concern discovery of ESI or Electronically Stored Information. Rule 26 (b)(2)(b) provides that litigants may shield discovery of ESI that is “not reasonably accessible” absent a showing of good cause. Rule 37 (e) protects litigants who have committed negligent spoliation (loss or destruction of evidence) from sanctions beyond such measures as are necessary to cure the prejudice.

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