Each era’s dispute resolution process must work in accordance with the predominant information formats of the time. Unfortunately, the modern litigation and discovery processes do not play nice with electronically stored information (ESI).
Gathering and reviewing all information that could lead to the discovery of admissible evidence is a very tall order. The amount of ESI generated nowadays has eclipsed the concept of relevance.
Ironically, salvation has arrived in the form of a Federal Rule of Civil Procedure that preceded the 2006 amendments addressing ESI.
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