101 Illinois Bar Journal 316 (June 2013)
2 Pages Posted: 15 Jun 2013
Date Written: June 13, 2013
The discovery challenges posed by ESI – electronically stored information – are being expressly addressed in court rules operating in the federal courts and some state courts. Illinois judicial rulemakers have yet to act. If they do, wholesale borrowing from other jurisdictions would be ill-advised as there are some unique differences in Illinois discovery, as with evidence preservation obligations.
The article explores how the Illinois rules might be amended to meet ESI challenges given current Illinois norms, and what Illinois judges and practitioners can do now when faced with ESI discovery challenges.
Keywords: civil procedure, civil discovery, ESI, cost benefit analysis, electronically stored information, discovery proportionality, protective orders, discovery abuse, discovery limits
Suggested Citation: Suggested Citation
Parness, Jeffrey A., Managing Discovery of Electronically Stored Information in Illinois (June 13, 2013). 101 Illinois Bar Journal 316 (June 2013). Available at SSRN: https://ssrn.com/abstract=2279009