The prevalence and cost of electronic discovery have grown substantially within the past 10 years. Many parties, particularly corporate defendants, have become increasingly concerned and frustrated after having to pay for e-discovery searches to respond to requests that seem overly broad or to be pure fishing expeditions.

While it may not always be possible to avoid the expense of e-discovery, the Texas Rules of Civil Procedure and the Federal Rules of Civil Procedure provide for shifting the cost of production to the requesting party under certain circumstances.

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