Editor’s Note: The following article, which originally appeared on March 23, 2012, was based on an earlier version of the rule changes that had not been finalized. It is now updated and corrected.
On Dec. 8, 2011, the U.S. District Court for the District of Delaware adopted a “Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI)”1 that was seven years in the making. The default standard replaces the old ad hoc mixture of the Federal Rules of Civil Procedure, case law, and local rules that previously governed discovery in the Delaware federal courts.
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