eDiscovery Assignment 1
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School
University of Iowa *
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CIVPRO
Subject
Law
Date
Apr 3, 2024
Type
docx
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4
Uploaded by AmbassadorElementOryx34
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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