Federal Rules of Civil Procedure Rule 26
Late disclosure in violation of Rule 26(a)(1) leads to evidentiary exclusion
Where Wal-Mart failed to timely disclose to plaintiffs a “staggering” volume of data, that evidence and the resulting expert reports were excluded.
What is the FRCP?
This quick guide to the Federal Rules of Civil Procedure (FRCP) explains where the rules come from, what they do, and how they influence ediscovery.
300 GB Email Search Rejected in Ediscovery Case
In this patent case, the court denied the plaintiff’s motion to compel expensive review of the defendant’s electronic data discovery.
CEO’s Documents Found Proportional to Multimillion-Dollar Complaint
In this antitrust claim, the court ordered the plaintiff’s CEO to produce discovery records, documents and data for litigation.
Court Rejects Discovery Burden to Allow Additional Custodians Search
In Mann v. City of Chicago, the court granted the plaintiffs’ motion in part by allowing email searches of seven additional custodians FRCP 26.
Texas Supreme Court Says ‘Proportionality Is the Polestar’ in Ediscovery
In this discovery dispute, the Texas Supreme Court aligned state and federal rules to clarify proportionality in e-discovery.
A Self-Inflicted High Discovery Cost Does Not Render Information “Inaccessible”
Court upholds plaintiff’s limited request for discovery as proportional despite exorbitant cost quoted by the responding party.