Electronic disclosure

Question 1

what is the purpose?

Answer 1

encourage parties to reach agreement in a proportionate + cost-effective manner.

Question 2

what claims does this apply to?

Answer 2

• Always applies to MT claims
• Court has discretion to apply to FT + IT claims

Question 3

what documents does this apply to?

Answer 3

Applies to any document in electronic form i.e. email, voicemail, servers

Question 4

what must legal reps do as soon as litigation is contemplated?

Answer 4

Legal reps must notify clients to preserve disclosable e-documents as soon as litigation is contemplated

Question 5

what are parties’ roles in relation to e-disclosure arrangements?

Answer 5

• Parties should discuss e-disclosure + the use of technology + try to reach agreement before the FCMC (court will give directions if parties cannot agree)
• Parties may use the Electronic Documents Questionnaire to exchange information re: scope, extent and format for e-disclosure

Question 6

what is the primary source of e-disclosure?

Answer 6

usually ‘reasonably accessible data’

Question 7

how can the search be limited/controlled?

Answer 7

Keyword/automated searches may be used if a full review of each document would be unreasonable