New Rules for Electronic Discovery, so Now What?: Daubert's Impact on Determining What is not Reasonably Accessible

Authors

• Neal H. Lewis

Abstract

This article addresses the effects of technological growth on the development of electronic discovery as suggested by the latest amendments to the Federal Rules of Civil Procedure. Part I discusses American efforts to facilitate technological growth, underscoring the United States' embrace of technological innovation and recognizing the legal system's capability of handling complex issues associated with emerging technology. Part II outlines a brief history of the Federal Rules of Civil Procedure, identifying flexibility as the hallmark of American procedural jurisprudence and emphasizing the role that discovery abuse concerns have played in the rule modifications. It then touches on the recent amendments to the rules and their intended effect on the scope of electronic discovery. The article concludes by discussing the current standard for obtaining electronic discovery and proposes that the complexity of electronic discovery requires guidance from the Supreme Court's Daubert trilogy to ensure that parties are fairly represented in the wake of the proposed amendments to the Federal Rules of Civil Procedure.

Recommended Citation

Neal H. Lewis, New Rules for Electronic Discovery, so Now What?: Daubert's Impact on Determining What is not Reasonably Accessible, 10 Computer L. Rev. & Tech. J. 239 (2006)