MANAGING THE eDISCOVERY PROCESS. Probably the most valuable feature of the CCLD is its focus on effectively managing the typically burdensome, costly and time-consuming ediscovery process. To address these very real concerns and to minimize disputes and delays, the CCLD has developed detailed E-Discovery Plan Guidelines that allow for meaningful input by counsel into the e-discovery process and call for the entry of an e-discovery order early in the case to govern how electronically stored information (ESI) will be preserved, produced and protected.
eDISCOVERY PLAN GUIDELINES. Within 21 days of the first scheduling conference, the parties must meet and confer to discuss the discovery of ESI. The eDiscovery Plan Guidelines mandate that the parties discuss specific e-discovery issues at that session, including the form of ESI production and any potential problems; the scope of production, including custodians, time period, file types and search terms; the method for asserting or preserving confidentiality of ESI; the format of production; and whether preservation and production expenses should be allocated among the parties. The meet and confer session allows the parties to assert their positions and come to a compromise regarding the scope and structure of e-discovery in advance of entry of the e-discovery order.
eDISCOVERY PLAN. Based on the information exchanged at the meet and confer session, the parties must develop an e-discovery plan and, within 14 days, submit to the Court a written report on the plan and each party's position with respect to any unresolved issues. The Court will then enter the ediscovery order. It addresses the relevant ediscovery issues, establishes the permissible scope of ESI discovery, and provides certain safe harbors with respect to document destruction policies and the inadvertent production of privileged material. By allowing the parties to take an active role in the ediscovery process from the outset, the eDiscovery Plan Guidelines afford CCLD litigants the opportunity to leverage best practices and eliminate unnecessary disputes and costly waste.
FLEXIBILITY. While the CCLD follows the general Guidelines in the absence of agreement, the parties and CCLD judges have the flexibility to tailor the ediscovery protocol to suit the unique circumstances of each case and each litigant.