Discovery on Discovery: When and why it might be allowed
Ronald J. Hedges
Ronald J. Hedges LLC
Ronald J. Hedges is the Principal of Ronald J. Hedges LLC. He served as a United States Magistrate Judge in the District of New Jersey for over 20 years.
Kenneth J. Withers
The Sedona Conference
Ken Withers is the Deputy Executive Director of The Sedona Conference, a non-profit, non-partisan law and policy think tank based in Phoenix, AZ. His main areas of concertation are eDiscovery, Information Governance, and cross-border data privacy.
On-Demand:February 27, 2023
$95.001 hour CLE
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The scope of discovery under Fed. R. Civ. P. 26(b)(1) is whether the information sought is “relevant to the claim or defense of any party.” Thus, how a party might review information (particularly electronically stored information or “ESI”), and make production is normally outside the scope of what a receiving party might ask for. However, there are circumstances when the receiving party might request – and a court allow – discovery about how the producing party collected, reviewed, and produced (or did not produce) information. This webinar will provide an overview of the scope of discovery, consider requests for and responses to production of information, and examine when a received party might seek discovery about what a producing party did.
Key topics to be discussed:
Scope of discovery under Rule 26(b)(1) and its State equivalents
Requests for, and responses to, information
“Discovery on Discovery”
Case law allowing or rejecting requests for discovery about discovery
Date: February 27, 2023
Ronald J. Hedges | Ronald J. Hedges LLC
Ronald J. Hedges is the Principal of Ronald J. Hedges LLC. He served as a United States Magistrate Judge in the District of New Jersey for over 20 years. Ron speaks and writes on a variety of topics, many of which are related to electronic information, including procedural and substantive criminal law, information governance, litigation management, and integration of new technologies such as artificial intelligence into existing information governance policies and procedures.
Ken Withers is the Deputy Executive Director of The Sedona Conference, a non-profit, non-partisan law and policy think tank based in Phoenix, AZ. His main areas of concertation are eDiscovery, Information Governance, and cross-border data privacy. He is the recipient of the 2020 Hon. Shira Scheindlin Lifetime Achievement Award for his work in eDiscovery and is co-author of the most widely used law school textbook on electronic discovery and evidence. Since 1989, he has given presentations before more than 500 judicial, legal, records management, and technology industry audiences and published several widely-distributed papers on electronic discovery, including “Computer-based Disclosure and Discovery in Civil Litigation,” which won the 1999 Lord Lloyd of Kilgerran Award for Best Postgraduate Essay in Information Technology and Law from the British-Irish Legal Education Technology Association; “Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information” in the UNIVERSITY OF BALTIMORE LAW REVIEW (2008); “Living Daily with Weekley Homes” in the TEXAS STATE BAR ADVOCATE (Summer 2010); and “Risk Aversion, Risk Management, and the Overpreservation Problem in Electronic Discovery” in the SOUTH CAROLINA LAW REVIEW (2013). From 1999 through 2005, he was a Senior Education Attorney at the Federal Judicial Center in Washington D.C. and contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001). Ken received his J.D. from Northwestern University, Chicago, and his Masters in Library Science from Simmons Univesity, Boston.
I. Scope of discovery under Rule 26(b)(1) and its State equivalents | 2:00pm – 2:15pm
II. Requests for, and responses to, information | 2:15pm – 2:30pm
III. “Discovery on Discovery” | 2:30pm – 2:45pm
IV. Case law allowing or rejecting requests for discovery about discovery | 2:45pm – 3:00pm