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Articles » Federal Rule of Civil Procedure 26(b)(2)(B) and The 2006 Amendments: How the Federal Courts Will Implement Two-Tier Discovery of Electronic Information
Federal Rule of Civil Procedure 26(b)(2)(B) and The 2006 Amendments: How the Federal Courts Will Implement Two-Tier Discovery of Electronic Information
Andrews Automotive Litigation Reporter, Andrews Insurance Coverage Litigation Reporter, Andrews Insurance Bad Faith Litigation Reporter, Andrews Medical Devices Litigation Reporter, Andrews Pharmaceutical Litigation Reporter, Andrews Drug Recall Litigation Reporter, Andrews Toxic Chemicals Litigation Reporter, Andrews Environmental Litigation Reporter, Andrews Telecommunications Litigation Reporter, Andrews Intellectual Property Litigation Reporterby Martin D. Beirne, George B. Murr, David A. Pluchinsky
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November 14, 2006
Beginning Dec. 1, under the amended Federal Rule of Civil Procedure 26(b)(2)(B), a party responding to discovery requests need not provide discovery of electronically stored information from sources that it deems to be “not reasonably accessible.” This effectively reverses the initial presumption that all relevant evidence is discoverable (unless it is privileged or the subject of a protective order) — a presumption that has been assumed in civil procedure and federal practice for decades, dating back virtually to the adoption of the Federal Rules in 1937.
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