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The ED Therapist
By Ken Smiley | Fios, Inc.

Thinking E-Discovery
By Dennis Kennedy, Evan Schaeffer and Tom Mighell

Tammy R. Shea, Esq. | Epstein Becker Green Wickliff & Hall P.C. is this month's mover and shaker in e-discovery.

The Litigation Support Department
By Mark Lieb | Ad Litem Consulting

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This month's expert: Conor R. Crowley, Esq. | Labaton Sucharow & Rudoff LLP

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Digital Discovery & e-Evidence
Rules & Regulations

U.S. Judicial Conference Approves Proposed Changes to FRCP
Proposed Federal Rules on Discovery. On September 20, 2005, the Judicial Conference Committee on Rules of Practice and Procedure sent the proposed electronic discovery amendments to the Federal Rules to the Supreme Court for its consideration. The Committee approved the proposed amendments to Civil Rules 16, 26(a), 26(b)(5), 16(f), 33, 34, 37(f), 45 and Form 35.

Model Orders & Sample Documents

Report of the Civil Rules Advisory Committee
27 May 2005

Update: Proposed Amendments to the Federal Rules of Civil Procedure Regarding Discovery of Electronically Stored Information
Unofficial text provided by Ken Withers, Federal Judicial Center, based on ballots received from members of the Advisory Committee on Civil Rules. This language is subject to technical corrections before being formally presented to the Standing Committee on Rules of Practice and Procedure, scheduled to meet in Boston, MA on June 15-16, 2005.

Federal Rules of Civil Procedure
Cornell Law School Legal Information Information Institute. The forms excerpted from the document below are in RTF format. They can be opened and edited in any standard word-processing format.

  • Sample 18 U.S.C. Sec. 2703(d) Application and Order
  • Three Model Trap and Trace Orders
  • Sample Subpoena Language
  • Sample Language for Search Warrants and Accompanying Affidavits to Search and Seize Computers

A Suggested Rule for Electronic Discovery in Illinois Administrative Proceedings
Thomas R. Mulroy, Jr. and Kristopher J. Stark | McGuireWoods LLP
DePaul Business & Commercial Law Journal, Volume 3, Fall 2004, Number 1
Electronic Discovery Rules, Proposed Rules

The Evidence Project
Proposed Revisions of the Federal Rules of Evidence


Eastern and Western Districts of Arkansas Local Rule 26.1

California Code of Civil Procedure §2017

Middle District of Florida Local Court Rule 3.03(f)

Illinois Supreme Court Rules 201(b)(1)

Illinois Supreme Court Rules 214

Maryland Rule of Civil Procedure 2-504.3

State Regulation for New Jersey

District of Wyoming Local Civil Rule 26.1(d)

Mississippi Rules of Civil Procedure

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Featured Articles

Proactive Solutions: The Next Generation of eDiscovery?
By Herbert L. Roitblat, Ph.D.
December 2005 |

Trends in Litigation
By Morgan O'Rourke
December 2005 | Risk Management Magazine

Civil Justice Reform - Legal Service Providers
Electronic Discovery: The Effect of The Proposed Amendments
December 2005 | Metropolitan Corporate Counsel

Ontrack Data Recovery Announces 2005 Top 10 List of Strangest (and Funniest) Data Disasters
Unbelievable but True Tales of Data Disaster and Remarkable Feats of Data Recovery
05 December 2005 |

Electronic Discovery Primer for Judges
By David K. Isom
Federal Courts Law Review - 2005 Fed. Cts. L. Rev. 1

Review Documents the Right Way in Discovery
By Dionne Carney Rainey
28 November 2005 |

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Corporate Litigation Readiness
In this analysis, EDDix LLC presents the results of interviews with the offices of the general counsel in 269 global 1000 companies -- the objective is to put metrics around the attitudes and behaviors that define corporate litigation readiness.

Basic Principles of Automated Litigation Support
By Tom O'Connor
2005 - Legal Electronic Document Institute
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