December 20, 2012 Articles

JETWG Recommendations: Cooperation in E-Discovery

A new set of best practices aims to reduce cost and inefficiency when producing ESI.

By Clifford E. Nichols III and Stanley A. Twardy Jr.

The Joint Electronic Technology Working Group (JETWG) was created to establish best practices and to encourage efficiency in post-indictment discovery. The JETWG has representatives from the Administrative Office of the U.S. Courts (AOUSC); the Department of Justice (DOJ); the Office of Defender Services (ODS); Federal Defender Organizations (FDO); attorneys appointed under the Criminal Justice Act (CJA), and the judiciary. Earlier in 2012 the JETWG released “Recommendations for ESI Discovery in Federal Criminal Cases.” The recommendations consist of four documents: an introduction, recommendations, strategies and commentary on the recommendations, and an electronically stored information (ESI) discovery checklist. The JETWG Recommendations are the result of 18 months of negotiations and are designed to “address best practices for the efficient and cost-effective management of post-indictment ESI discovery . . .” in federal criminal cases.

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