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Perspective

Jan. 21, 2010

E-Discovery Reflections of 2009

Daniel Garrie of Alternative Resolution Centers discusses the development of document discovery rules in the past year and what's to come.

By Daniel Garrie

This year the case law at both a state and federal level matured, with the end game still being that reasonableness, common sense and good faith are the underlying tenants guiding document discovery.

The federal courts emphasized that document requests balance the cost-reward ratio and rest on some demonstrative basis for the request beyond gut instinct. See e.g., Ford Motor Co. v. Edgewood Props., Inc., 257 F.R.D. 418 (D.N.J. 2009) (shoul...

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