The 2006 amendments to the Federal Rules of Civil Procedure, which were enacted to address the potentially immense burden involved in the discovery of electronically-stored information (“ESI”), set in motion a process that is revitalizing the primary purpose of the Federal Rules of Civil Procedure adopted nearly seventy years earlier: “to secure the just, speedy, and inexpensive determination of every action and proceeding.” One of the principal means through which the Federal Rules of Civil Procedure achieve this purpose is by allowing for the discovery of “any nonprivileged matter that is relevant to any party’s claim or defense.” The reasoning behind these liberal discovery rules is that once parties know, ostensibly through discovery, their respective positions in a dispute, they will reach a resolution more quickly and efficiently.
Bennett B. Borden, Monica McCarroll, Brian C. Vick & Lauren M. Wheeling,
Four Years Later: How the 2006 Amendments to the Federal Rules Have Reshaped the E-Discovery Landscape and are Revitalizing the Civil Justice System,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol17/iss3/4