Most lawyers have firsthand experience of the technological advances that have resulted in an increase in the volume of electronically stored information. Because digital storage is becoming less expensive each year, traditional limitations of record retention — such as employee time required to file and archive records and physical limitations on storage space — simply do not apply. It is easier to save data than to cull it.
For these reasons, as well as the general complexity of ESI, it is crucial that lawyers devote sufficient time and attention to the discovery-planning conference between parties as required by Federal Rule of Civil Procedure 26(f). The discovery-planning conference must be completed prior to the Rule 16(b) scheduling conference with the court, where the judge generally will enter the discovery order.
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