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Drive-By Rule 16 Conferences

Over the past year, CyberControls has shared its perspective on the importance for all commercial litigators to develop a heightened awareness and mastery in preparing for the inevitable challenges associated with electronically stored information (ESI) in their cases. Whether you represent the producing party or requesting party, the vast majority of e-discovery related disasters are easily traced back to inadequate pretrial planning, preparation and effective communication with the client and opposition.

With so much being written about the 2006 amendments to the Federal Rules of Civil Procedure in the past eighteen months, is it any wonder why the level of e-discovery disputes in courts is on the rise? In the June issue, posted an article “E-Discovery From The Bench,” by Jason Krause, which is a well researched collection of comments from a wide array of jurists weighing in on all aspects of electronic discovery, such as:

“You see a lot of wasted opportunities in many cases coming out of the Rule 26 meet and confer and the Rule 16 conference with the court,” says Judge Lee H. Rosenthal of the U. S. District Court for the Southern District of Texas. “In many cases lawyers treat the Rule 26 conference like a drive-by conference and there is no meaningful attempt to address these issues.”

Mr. Krause’s article goes on with . . . Judges say the No. 1 problem is that lawyers come to the Rule 16 meeting without having learned anything about the electronic records that will be in dispute in many cases. “You can’t come to the judge and just say ‘I don’t know.’ The fact is you need to know what you don’t know,” says Chief Magistrate Judge Paul Grimm of the U.S. District Court for Maryland. “But more than that, you have to know what is reasonable to ask for. You can’t come to the judge and ask for everything and a pony.”

CyberControls is not a law firm. We are experienced specialists in the in the field of electronic discovery and production, computer forensics and the integration of computer technology and the rules of discovery. Our professional services teams are comprised of pretrial litigation consultants and field technicians and forensic experts. CyberControls’ expertise in computer forensics and investigative experience has proven to be an invaluable resource to hundreds of legal professionals across the country.

CyberControls welcomes the opportunity to discuss any specific issues that you may be facing as a respondent or requesting party in a commercial litigation matter at 847-756-4890 or visit our cyber site at

Tags: e-discovery,electronic discovery,cybercontrols,computer,forensic,FRCP,Rule 16,Federal Rules of Evidence

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