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BigLaw: Civ Pro 2.0: Think Before You Stipulate: The Perils of Being Too Agreeable Too Soon

By Kimberlee Gunning

Originally published on June 28, 2010 in our free BigLaw newsletter. The Federal Rule of Civil Procedure Rule 26(f) conference, which requires litigants in federal court to meet and confer regarding a discovery plan, has the potential to be enormously useful. Instead of making up discovery strategy as you go along — which never, ever happens, does it? — you have a duty under FRCP 26(f)(3) to discuss both the subject of discovery and how to conduct it. Often ignored by the parties is the rule's requirement to discuss, and include in the written discovery plan submitted to the court, "any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced." Fed. R...continue to full post

Full post as published by TechnoLawyer Blog on July 05, 2010 (boomark / email).