When the producing party receives a preservation letter, it is important to respond to it.Argue for a narrow interpretation of the scope of the "claims and defenses" to reduce your costs to process and review ESI.If you argue for a broad interpretation of "claims or defenses" you will be subject to objections based on relevancy, overbroad and burdensome arguments.However, you may subject yourself to a "data dump," if the opposing party complies with the request. The broader the scope of the "claims or defenses" the more difficult and burdensome it will be for the producing party to identify, preserve and review the ESI.
A discovery request should be broad, but not so broad as to be construed as a fishing expedition. " The scope of your request should be no different than when you are seeking paper-based discovery. " "For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. 26(b)(1) permits discovery of matters that are not privileged and "relevant to any party's claim or defense" as long as "the discovery appears reasonably calculated to lead to the discovery of admissible evidence. ISSUE: IS IT IMPORTANT TO FOCUS ON THE "SCOPE OF DISCOVERY" TO LIMIT OR EXPAND THE ESI DATA POPULATION?Įxcerpt from Best Practices Guide for ESI Pretrial Discovery - Strategy and Tactics (2008-2009), § 3.2 - Scope of Discoveryįed. The Guide is cross-referenced and hyperlinked with the Arkfeld on Electronic Discovery and Evidence (2nd ed.) treatise and part of the CD-ROM. The legal issue excerpts will be derived from the Best Practices Guide for ESI Pretrial Discovery - Strategy and Tactics (2008-2009). Whether it is a "meet and confer" or request for production these are the critical issues to focus in requesting or producing ESI. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: ATOL protection does not apply to the other holiday and travel services listed on this website.Over the next several weeks the E-Discovery Alert will focus on the strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. This website will provide you with information on the protection that applies in the case of each flight before you make your booking. Some of the flights on this website are also financially protected by the ATOL scheme, but ATOL protection does not apply to all flights.
If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. When you pay you will be supplied with an ATOL Certificate. All the flight-inclusive holidays on this website are financially protected by the ATOL scheme.
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