Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries
The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discove...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Association of Digital Forensics, Security and Law
2010-12-01
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| Series: | Journal of Digital Forensics, Security and Law |
| Online Access: | http://ojs.jdfsl.org/index.php/jdfsl/article/view/144 |
| _version_ | 1819083104028983296 |
|---|---|
| author | Milton Luoma Vicki Luoma |
| author_facet | Milton Luoma Vicki Luoma |
| author_sort | Milton Luoma |
| collection | DOAJ |
| description | The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. The authors discuss the importance of creating and maintaining an ESI data map as a means to demonstrate good faith and effectively comply with the requirements of the meet-and-confer. |
| first_indexed | 2024-12-21T20:27:15Z |
| format | Article |
| id | doaj.art-27a44a46bfce4f98af3368c7a20b67c2 |
| institution | Directory Open Access Journal |
| issn | 1558-7215 1558-7223 |
| language | English |
| last_indexed | 2024-12-21T20:27:15Z |
| publishDate | 2010-12-01 |
| publisher | Association of Digital Forensics, Security and Law |
| record_format | Article |
| series | Journal of Digital Forensics, Security and Law |
| spelling | doaj.art-27a44a46bfce4f98af3368c7a20b67c22022-12-21T18:51:20ZengAssociation of Digital Forensics, Security and LawJournal of Digital Forensics, Security and Law1558-72151558-72232010-12-0154658067Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law CountriesMilton Luoma0Vicki Luoma1Metropolitan State University, St. Paul, Minnesota U.S.A.Minnesota State University, Mankato, Minnesota U.S.A.The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. The authors discuss the importance of creating and maintaining an ESI data map as a means to demonstrate good faith and effectively comply with the requirements of the meet-and-confer.http://ojs.jdfsl.org/index.php/jdfsl/article/view/144 |
| spellingShingle | Milton Luoma Vicki Luoma Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries Journal of Digital Forensics, Security and Law |
| title | Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries |
| title_full | Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries |
| title_fullStr | Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries |
| title_full_unstemmed | Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries |
| title_short | Avoiding Sanctions at the E-Discovery Meet-And- Confer in Common Law Countries |
| title_sort | avoiding sanctions at the e discovery meet and confer in common law countries |
| url | http://ojs.jdfsl.org/index.php/jdfsl/article/view/144 |
| work_keys_str_mv | AT miltonluoma avoidingsanctionsattheediscoverymeetandconferincommonlawcountries AT vickiluoma avoidingsanctionsattheediscoverymeetandconferincommonlawcountries |