Federal Courts Law Review

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FEDERAL COURTS LAW REVIEW - 2005 Fed. Cts. L. Rev. 3

THE SEDONA PRODUCTION PRINCIPLES AND THE PROPOSED FEDERAL RULES ADDRESSING E-DISCOVERY

By Thomas Y. Allman

Abstract

[a.1] In recent years, two parallel processes have proceeded, both of which have profound implications for the future of the treatment of electronic documents during the civil discovery process. The first was the creation of The Sedona Principles, a document that sets forth the best practices relating to the discovery of electronic documents. The other was the work of the Civil Rules Advisory Committee in drafting and promulgating proposed amendments to the Federal Rules of Civil Procedure that address the discovery of electronic documents. The Sedona Principles complement the proposed amendments and provide a framework that can be used to commend certain proposed amendments and suggest modification to other proposed amendments. In this article, the author analyzes the proposed amendments through the prism of The Sedona Principles and offers suggestions on how the proposed amendments can be modified to better suit the needs of civil litigants.

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