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[1]
Sample - Jicarilla Apache
Nation v. United States, 60 Fed. Cl. 413, 414 (Fed. Cl.
2004). |
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[2] Nonwaiver
of Privilege Clause |
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Court Orders |
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[1] Ex Parte Order Establishing Procedures For Examination,
Copying And Imaging Of Computers, Hard Drives Or Other
Electronic Storage Media. |
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[2] Hard Drive (Order Establishing Procedure for Examination
of Computer Hard
Drive) |
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[3] In Re: Propulsid Products Liability, MDL No. 1355,
Pretrial Order No. 8,
Defendants’ Production of Hard Copy Docs, Jan. 18, 2001. The
Court issued an
extensive discovery order listing the specifics of providing
discovery in an
electronic format for the parties. |
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[4] Court
order protocol for the format of production of documents
existing in hard copy and image form. |
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Initial Disclosures and Meet
and Confer |
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[1]
Initial disclosure agreement |
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Depositions and Trial
Questions |
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[1] Rule 30(b)(6) Custodian Deposition Notice |
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[a] Sample 1 |
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[b] Sample 2 |
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[2] Individual Deponents (Non-Custodial Depositions) |
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[3] Questions to IT Deponent |
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[a] Backup &
Retention Policies (Interrogatories/Request to Produce) |
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[4] Dodging the Bullet: Cross-Examination Tips for Computer
Forensic Examiners |
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Interrogatories
& Request for Production |
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Type of Data -
Interrogatories, Request for Production and Request to
Inspect |
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[1] Password or other Protected Files (Interrogatories) |
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[2] Faxes (Request to Produce) |
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[3] Email (Interrogatories,
Request to Produce & Deposition Notice) |
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[a] Discovery of
E-mail - The Path to Production. Article focusing
on the discovery of e-mail. |
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[4] Personal Data Assistant (PDA)/Handheld Computer
(Interrogatory/Request to
Produce) |
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[5] Backup & Retention Policies (Interrogatories/Request to
Produce) |
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[6] Production Request
(Request to Produce Regarding Computerized Records
Discovery) |
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[7] Sample Definitions for the word “Documents.” |
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[a] See also
§ 7.7[B], “Document” - Definition |
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[8] Data Format - Request to Produce |
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[9]
Request to Inspect Computer System |
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[a] Sample 1 |
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[b] Sample 2 |
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[c] Sample 3 |
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Motions
(Discovery Related) (reserved) |
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Notices (reserved) |
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Request for Admissions |
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[1] Request for Admissions (Request for Admissions of Facts
and Genuineness of
Documents) |
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Subpoena |
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ISP
Subpoena |
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Miscellaneous (reserved) |
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Trial Materials |
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Trial Questions
- see above Deposition & Trial Questions |
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Jury
Instructions (reserved) |
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Factual Research |
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World Wide Web
Archive Service - Internet Archive Wayback
Machine. Over 10 billion web pages archived from 1996.
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Legal Research |
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Court Rules |
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[A]
Federal Rules of
Procedure re Electronic Discovery |
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[1] Federal Rules of
Civil Procedure (see
Electronic Discovery and Evidence treatise Chapter
7, Court Procedural Rules and Case Law) |
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[2] Federal - Local Rules of
Procedure |
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[a] Rule 26, Discovery,
Local Rules of Practice for the District of
Wyoming. Local rules specifically address computer
based discovery during the initial disclosure stage. |
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[b] United States
District Court For The Eastern [And Western] District Of
Arkansas, Local Rule 26.1Outline For Fed.R.Civ.P. 26(F)
Report. |
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[B] Proposed Federal Rules
of Civil Procedure |
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[1]
E-Discovery - Pending Rules Amendments & Advisory Committee
Notes |
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Legislative History -
Proposed Federal Rules of Civil Procedure |
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[D] State Rules of Procedure |
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[1] A Proposed Model for
State Rules re: Electronic Discovery, National Center for
State Courts General Counsel Committee.
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[2] Mississippi - Rule 26, Miss. R. Civ. Pro.
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[3] Texas Rules of Civil Procedure, Rule 193.3(d) Privilege
not waived by
production and Rule 196.4 Electronic or Magnetic Data.
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Case Law, Briefs &
Motions |
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[1] Zubulake Decisions |
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[a] Zubulake
I (S.D.N.Y. May 13, 2003) |
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[b] Zubulake
II (S.D.N.Y. May 13, 2003) |
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[c] Zubulake
III (S.D.N.Y. Jul. 24, 2003) |
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[d] Zubulake
IV (S.D.N.Y. Oct.22, 2003) |
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[e] Zubulake
V (S.D.N.Y. July 20, 2004) |
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[2]
Coleman (Parent) Holdings, Inc. vs. Morgan Stanley, Inc.
(March, 2005)
(Complete case) |
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[3] Williams v.
Sprint/United Management
Company, CIV.03-2200 (available at
http://www.ksd.uscourts.gov/opinions/032200JWLDJW-3333.pdf). |
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Agency
Rules, Regulations and Standards |
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[1] Federal Agency
Guidelines |
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[a] Statement of the Federal
Trade Commission's Bureau of Competition On Guidelines for
Merger Investigations (Provides guidance on searching,
inadvertent waiver and disclosure of electronic data in
merger investigations.)
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Latest E-Discovery
Legal News |
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Electronic Discovery and Evidence
Web Blog |
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