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ESI Lost in the Matrix of the Federal Revolutions

The general scope of discovery established the Federal Rules of Civil Procedure, Rule 26 (b) (1) is any nonprivileged matter that is relevant to any party’s claim or defense & proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, & whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.

Rule 26(b)(2) allows a party to object to discovery of electronically stored information that is not reasonably accessible, but lacks teeth because the requesting party may obtain discovery of the information upon a showing of good cause.

More powerful is the ESI Safe Harbor of Rule 39 (e) which provides that if ESI that should have been preserved in anticipation of litigation is lost because of a party’s failure to take reasonable steps to preserve it, absent a finding that the party acted with intent to deprive another of the information in litigation, the court is limited to measure necessary to correct the prejudice.

Who else is excited about Matrix4 Resurrections for Christmas 2021? Enjoy my video about Lost data inspired by the new trailer.

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