FEDERAL COURTS LAW REVIEW -- 2000 Fed. Cts. L. Rev. 2
Computer-Based Discovery in Federal Civil Litigation
By Kenneth J. Withers
Discovery is changing in response to the pervasive use of computers. More and more cases involve e-mail, word-processed documents, spreadsheets, and records of Internet activity. This article discusses some of the potential for computer-based discovery to reduce overall discovery costs and improve the administration of justice. The article also explores the unique problems of computer-based discovery, and focuses on the judicial role in managing computer-based discovery and preventing or resolving some of the more common disputes. The Appendix provides a checklist of computer-based discovery considerations for Rule 16(c) pretrial conferences.