eDiscovery Assignment 1

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School

University of Iowa *

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CIVPRO

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Law

Date

Apr 3, 2024

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docx

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4

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INTEROFFICE MEMORANDUM   To :         Daniel Proust, Supervising Attorney From :     Bobbie Tremmel, Student Paralegal Date :      September 10, 2023 Re :         Federal Rules of Civil Procedure and the Federal Rules of Evidence as they relate to Electronically Stored Information                                                                                                                                                                                                                                                 ASSIGNMENT : Prepare an Interoffice Memorandum briefly discussing the Federal Rules of Civil Procedure for §16, §26, §34, and §37; and the Federal Rules of Evidence for §502. ISSUES : 1. Briefly discuss the roles of the FRCP and FRE in eDiscovery . The Federal Rules of Civil Procedure provide a structure for civil litigation. These rules impose an affirmative duty onto the litigants in a dispute to disclose and exchange all relevant information. The role of the FRCP is to mandate resolving issues in litigation by proactive planning and preparing through the most cost-effective means possible, and that both parties resolve their disputes quickly, and fairly. When it comes to discovery, the FRCP requires that both parties communicate and cooperate in selecting a technology- assisted review (TAR) that is best for proceeding forward with resolving their case. The FRCP acts as a guide to the legal team in balancing relevancy with proportionality. The role of the Federal Rules of Evidence when it comes to discovery is to protect confidential information that may have been inadvertently shared when exchanging electronically stored information. Sometimes the ESI that is disclosed to the opposing party
during discovery is so large that it increases the risk of accidental disclosure of confidential or privileged information. This rule authorizes the court to issue orders of protection for the sole purpose of stating that any privileged or confidential information accidentally shared by the opposing party cannot be used. 2. For each of the Rules listed below, state its title, its purpose, and how it applies to the ESI process a. ) FRCP §16 : The title of Rule 26 is Pretrial Conferences; Scheduling; Management. This rule provides the structure that governs the timing of a case and the arrangement of a pretrial conference. The pretrial conference is designed to encourage and promote reasonable disclosure. Its purpose is to also expedite depositions, avoid the lack of case management, prevent wasting time, encourage preparation, and facilitate dispute settlement. This rule discourages the parties from using redundant and wasteful e- discovery practices and activities. b.) FRCP §26 : The title to Rule 26 is Duty to Disclose; General Provisions Governing Discovery. The rule provides the overall framework for the duty to disclose all information relevant to the litigation. The purpose of this rule is to force the disputing parties to conduct a “meet and confer” conference. This conference mandates that the parties communicate and cooperate regarding the discovery that is needed, the goals of the resolution, agreement on what the relevant issues of the case are, the timing parameters of the litigation moving forward, the parameters of the electronically stored data involved in the case is, what the discovery formats are, an agreement on which keyword searches and technology-based reviews will be used, to confer on what ESI is
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