RULE 37(E): THE END OF DISCOVERY OR THE BEGINNING OF JUSTICE?

The article focuses on the changes to the Federal Rule of Civil Procedure 37(e), that provides justice for the mistakes that are made in the discovery process, and mentions that the rule would not allow sanctions against a party. Topics discussed include recommendations concerning electronic discovery; determination of data to retain with emergence of electronically stored information (ESI); and software development for retrieving electronically stored data.