A Model E-discovery Order
I’m always on the lookout for good templates for e-discovery documents and orders. In Star, Inc. v. QFA Royalties LLC, No. 07-cv-02223-WYD-CBS (D. Colo. Filed Oct. 10, 2007), Magistrate Judge Craig B. Shaffer issues an excellent e-discovery order. In it, he calls for an E-discovery Liaison.
To promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made (“the e-discovery liaison”).
Judge Shaffer specifies that each E-discovery Liaison must be:
a. familiar with the party’s electronic systems and capabilities in order to explain these systems and answer relevant questions;
b. knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues;
c. prepared to participate in e-discovery dispute resolutions; and,
d. responsible for organizing the party’s e-discovery efforts to insure consistency and thoroughness and, generally, to facilitate the e-discovery process.
In the remainder of the order, he addresses many of the topics I have been discussing: searching strategy, timing, the format of the production (including metadata), document retention and preservation (AKA Litigation Hold), privilege, and costs.
Questions and comments are welcome. In particular, I’d like to know of any other model orders, letters, and other forms for e-discovery.
