The United States District Court for the District of Maryland has posted a Suggested Protocol for Discovery of Electronically Stored Information on its website.
The Maryland District Court’s website notes that this protocol, developed by Judge Paul W. Grimm and others considering recent amendments in the Federal Rules (click here for a good summary and analysis of the amendments), is a working model that the court has not yet adopted. Instead, the protocol should serve as a tool to assist lawyers in resolving disputes in an unknown area of discovery. The protocol may serve as the framework for developing local rules. The court has invited comments and suggestions from the Maryland bar to be emailed to firstname.lastname@example.org.
This is an atypical issue for tort attorneys, but electronic discovery can be an issue occasionally for medical malpractice lawyers looking to uncover a doctor’s communications with others about the chosen procedure or treatment plan. This is a far greater issue for products liability lawyers.
For a lot of interesting information on electronic discovery, check out Evan Schaeffer’s Illinois Trial Practice Weblog which provides a lot of tips and commentary on electronic discovery issues.