Who Has to Pay for E-Discovery?

The prevalence and cost of electronic discovery have grown substantially within the past 10 years. Many parties, particularly corporate defendants, have become increasingly concerned and frustrated after having to pay for e-discovery searches to respond to requests that seem overly broad or to be pure fishing expeditions.

While it may not always be possible to avoid the expense of e-discovery, the Texas Rules of Civil Procedure and the Federal Rules of Civil Procedure provide for shifting the cost of production to the requesting party under certain circumstances.

Federal Rule of Civil Procedure 26(b)(2)(B) states:

A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

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Source: law.com
By: Ileana Blanco