ABA: Final Proposed Amendments to Civil Discovery Standards
12-Jul-04 ...Source: EDDix ... Notes: We will update this from time to time and will annotate accordingly
In 1999 the ABA adopted a set of standards intended to bridge gaps between state and federal discovery rules and the growing area of electronic discovery. Tick, tick, tick -- wind blows through window, calendar pages turn -- technology advances, electronic discovery grows (and overgrows) with significant consequences for the judicial system and practice of law. (Some have gone so far as to argue that a now out-of-control EDD threatens the very fabric of trial law.)
The ABA is has developed a series of amendments to its civil discovery standards, designed to fill more gaps -- scheduled for adoption by its House of Delegates next month. Specifically ...
Revisions to Standard 29 ... expanded checklist of discoverable sources ... cost allocation guidance
Revisions to Standard 30 ... promotes production in electronic format
New Standard 31 ... EDD conferences -- early and often
New Standard 32 ... addresses privilege issues
New Standard 33 ... and anything that happens in the future is covered by this too
Here's the easy way to do this: first, read the Socha and Joseph articles below (written at the end of 2003 and addressing the ABA draft released for comments) which will provide an understanding of the how the ABA proposal amends the 1999 ABA standards. Then, read the ABA Final Revised Standards document -- a Word .doc in track changes mode so you can see the modifications themselves in final draft form.
George Socha is an attorney and principal of Socha Consulting LLC, and, as most of you already know, a very practiced hand in EDD. Written prior to culling all public comments and any resulting final modifications, "Draft Amendments to the ABA Civil Discovery Standards Addressing Electronic Discovery" this is about as good a summary of a complex standards revision as you are likely to see. (We were going to write a summary ourselves, saw this and put our pencils down -- alright, we snapped them in two and threw them in the trash, what of it?)
Gregory Joseph is co-chair the ABA Task Force that drafted the proposals and former Chair of the Litigation Section of the American Bar Association. His summary of changes , "Electronic Discovery Standards," is clear and concise. We were not able to get a date on this article but it shares the title of an article GJ wrote and which appeared in the National Law Journal, Nov. 24, 2003, at 30., i.e. based on the prior draft.
OK, now for the ABA stuff ... Please note that all links are downloads of Word .doc format documents ... (we prefer, right-click, save as, to simply clicking on the link, but that's just a personal preference).
In 1999 the ABA adopted a set of standards intended to bridge gaps between state and federal discovery rules and the growing area of electronic discovery. The ABA is has developed a series of amendments to its civil discovery standards, designed to fill more gaps -- scheduled for adoption by its House of Delegates next month. Links to solid overviews by ABA task force co-chair Gregory Joesph and consultant George Socha ... plus links to the .docs (literally).
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