University of Baltimore Law Review


Discovery involving electronically stored information (ESI) in federal court litigation has been a matter of extensive discussion in the legal community. Somewhat less examined has been the treatment of ESI by federal agencies. This article takes a look at how some agencies have addressed issues related to ESI. By the late 1990s, federal court practitioners and judges had recognized that the increased use of computers was generating enormous amounts of ESI. The increase in ESI, in turn, affected litigation because it "expanded exponentially" the "universe of discoverable material." Prior to 2006, the federal courts dealt with the discovery of electronic data using rules of procedure and rules of evidence that had, for the most part, been formulated before the extensive growth in ESI As the problems associated with attempting to manage ESI in discovery manifested themselves, the Judicial Conference began to investigate potential solutions. Ultimately, this culminated in the 2006 ESI amendments to Federal Rules 16, 26, 33, 34, 37, and 45.



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