To ensure a successful resolution to electronic discovery disputes while staying on a judge’s good side, be forthcoming with information and willing to compromise with opposing counsel, magistrate judges advise.
Three magistrate judges detailed their views on important discovery rules and attorney conduct during discovery Friday at the annual conference of the American Bar Association’s litigation section in New York.
Magistrate Judge Esther Salas of the U.S. District Court for the District of New Jersey said opposing parties in a case must talk early on in the discovery process about key issues, including the format in which they want the documents to be produced, so conflict can be avoided down the line.
If the parties reach an impasse, they should get the judge involved to work out a compromise, she said, adding that “I’m the type of magistrate judge that wants to know early on if there’s going to be a problem.”
Specificity is a virtue in e-discovery, Judge Salas said, so she does not look kindly upon counsel who provide vague data or fail to give a reason for their objections to discovery requests.
“If you say it would be too expensive and I say, ‘How much will it cost?’ and you say, ‘I don’t know,’ that’s a problem, guys,” she said.
The judges on the panel said they often liked to hear from the information technology staff members of a company involved in a discovery dispute, since their expertise can clear up arguments.
via Flexibility, Directness Key In E-Discovery: Judges – Law360.
