The eDiscovery frenzy that has gripped the American legal system over the past decade has become increasingly expensive. Particularly costly are inquiries into an organization’s data management practices and production efforts. These investigations are lengthy and often disruptive to business operations. Just as troubling, they increase the expense and duration of litigation. Given these cost and delay issues, it is no wonder that jurists are looking for alternative methods to rein in “promiscuous discovery.” The latest approach is found in Federal Rule of Civil Procedure 1.
Federal Rule 1 establishes a compelling directive that is tailor made for eDiscovery. More than just a vestigial preamble to the Federal Rules, Rule 1 requires the “just, speedy, and inexpensive determination of every action and proceeding.”
To understand just how courts are recognizing the value of Rule 1’s decree to address unreasonable eDiscovery expenses and delays, as well as enhance best practices for information governance, keep reading here. You will find my article entitled Rule 1 and Information Governance - The Bookends of Cost-Effective e-Discovery. The article was published this month by the American Bar Association's Electronic Discovery and Digital Evidence Journal.