Activist Judges? University of Florida Examines E-Discovery—and the Role of Judges in It
The University of Florida Levin College of Law's Florida Law Review and its upcoming Eighth Annual E-Discovery Conference are examining judges' roles in e-discovery. It's a tale of Maytag repair reps, coin tosses, and rock-paper-scissors.
March 12, 2021 at 07:00 AM
7 minute read
Just how active should judges be in the e-discovery process? It's something that's been pondered for years—perhaps most notably in the debates leading up to the 2015 e-discovery amendments to the Federal Rules of Civil Procedure.
Judges are often the guardians of justice for society. Thus, it's reasonable to ask whether they should be forced to waste their time with games of rock-paper-scissors to settle discovery disputes between litigants in overzealous combat.
On the other hand, discovery is arguably the most important part of litigation. Shouldn't judges undertake an active role?
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