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Managing Discovery of Electronic Information: A Pocket Guide for Judges

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Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition. Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins. Federal Judicial Center, 2012

  • “ESI currently includes e-mail messages, word processing files, web pages, and databases created and stored on computers, magnetic disks (such as computer hard drives), optical disks (such as DVDs and CDs), and flash memory (such as “thumb” or “flash” drives), and increasingly on “cloud” based servers hosted by third parties that are accessed through Internet connections. The technology changes rapidly, making a complete list impossible. Federal Rules of Civil Procedure 26 and 34, which went into effect on December 1, 2006, use the broad term “electronically stored information” to identify a distinct category of information that, along with “documents” and “things,” is subject to discovery rights and obligations.”
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