by Tony Rospert, Rob Ware
Washington Legal Foundation
June 19, 2014
Working Paper Series
Soaring discovery costs have transformed the litigation landscape and raised the stakes for litigants. Rising litigation costs are driven largely by the discovery – specifically, the collection, review, and production – of electronically stored information (ESI). As a result, parties to a lawsuit inevitably face significant litigation costs due to the burden of responding to overly broad discovery requests. Because of litigation’s skyrocketing cost, many companies are avoiding the judicial process altogether if electronic discovery will be necessary for the resolution of the case. In August 2013, the Advisory Committee on Rules of Practice and Procedure published proposed amendments to the Federal Rules, offering a practical approach to cost-effectively managing electronic discovery and establishing a more efficient, more uniform federal judicial system. If the Supreme Court approves these amendments, they will have taken a critical step in easing the burden of discovery and decreasing the litigation costs associated with the preservation of ESI.



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