High Court Approves New Electronic Discovery Standards

Analysis of the new amendment to Rule 26, which goes into effect December 1, can be found at Law.com.

Rule 26(b)(2)(B) will state:

A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.