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REVISION 25 HIGHLIGHTS
Revision 25 also again adds nearly 100 new (and recently decided) cases, replacing older authorities that no longer reflect modern federal discovery practice or have since been rendered obsolete (including the impact from the June 2022 Supreme Court opinion that settled the Circuit split on issues of foreign discovery for tribunal purposes).
This revision further highlights the impact of e-discovery on different aspects of federal practice. Practitioners will find a dedicated focus on evolving jurisprudence as well as a guide/template for a modern ESI Protocol that accounts for needs of both plaintiffs and defendants. New Form 32.1 covers almost all areas of potential negotiation in an ESI
Protocol. It allows practitioners to evaluate what to include (or not) depending on the needs of their case and will help
practitioners anticipate disputes while successfully navigating federal discovery.
Some key developments covered include:
PLANNING DISCOVERY
PRELIMINARY INVESTIGATION
corporate Client) (New Form 3A)
PRIVILEGE & WORK PRODUCT
DISCLOSURES
INTERROGATORIES
REQUESTS FOR PRODUCTION
NON-PARTY DISCOVERY
PHYSICAL AND MENTAL EXAMINATIONS
REQUEST FOR ADMISSIONS
DEPOSITIONS
EXPERTS
COMPEL, RESIST, & AMEND DISCOVERY
("ESI") Protocol (New Form 32A)
FOREIGN DISCOVERY
Foreign Proceeding (Task 101)
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