The costs associated with pre-trial discovery of electronically stored information (ESI) present a significant burden to the judicial system. Cooperative discovery is an approach endorsed by courts throughout the country to decrease costs through cooperation in the discovery process while still ensuring zealous advocacy.
The Federal Rules of Civil Procedure (FRCP) bespeak cooperation. Rule 1 underscores the need to secure the “just, speedy, and inexpensive determination of every action and proceeding.” Rule 16 allows courts to “discourage wasteful pre-trial activities.” Rule 26(b)(2)(C) requires the court to limit discovery when “the discovery sought is unreasonably cumulative or duplicative.” Rule 26(f) requires the parties to develop a discovery plan in good faith, and Rule 26(g) allows the court to discourage uncooperative behavior that manifest in improper discovery requests and responses.
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