On Dec. 8, 2011, the Federal District Court for the District of Delaware posted two new default standards for litigation: the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") and the Default Standard for Access to Source Code.
These new default standards were developed by the district court's Ad Hoc Committee for Electronic Discovery which included District Court Judge Sue L. Robinson and Magistrate Judge Mary Pat Thynge, practioners from the bar, and in-house counsel. This is the second time that the Delaware default rules have been updated.
The Delaware Federal Court first published default electronic discovery rules in 2004, two years before the 2006 Federal Rules of Civil Procedure ESI amendments. The court updated the default standards in 2007 to address the changes brought on in the 2006 FRCP amendments. These latest revisions address head-on some of the most challenging discovery issues that have arisen since the FRCP amendments went into effect. The discovery standards encourage the parties' cooperation in discovery. However, if the parties fail to agree on the "parameters and/or timing of discovery," then the default standards will apply unless or until the parties reach agreement or the court issues its own orders. (Para. 1.a.) Experience with the prior default standards has, in fact, led parties to cooperate early in the discovery process and tailor their discovery plan to be consistent with the case requirements rather than deal with some of the default provisions.
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Source: law.com
By: Mark Michels
These new default standards were developed by the district court's Ad Hoc Committee for Electronic Discovery which included District Court Judge Sue L. Robinson and Magistrate Judge Mary Pat Thynge, practioners from the bar, and in-house counsel. This is the second time that the Delaware default rules have been updated.
The Delaware Federal Court first published default electronic discovery rules in 2004, two years before the 2006 Federal Rules of Civil Procedure ESI amendments. The court updated the default standards in 2007 to address the changes brought on in the 2006 FRCP amendments. These latest revisions address head-on some of the most challenging discovery issues that have arisen since the FRCP amendments went into effect. The discovery standards encourage the parties' cooperation in discovery. However, if the parties fail to agree on the "parameters and/or timing of discovery," then the default standards will apply unless or until the parties reach agreement or the court issues its own orders. (Para. 1.a.) Experience with the prior default standards has, in fact, led parties to cooperate early in the discovery process and tailor their discovery plan to be consistent with the case requirements rather than deal with some of the default provisions.
To Continue Reading: Click Here
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Source: law.com
By: Mark Michels
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