Managing Discovery of Electronically Stored Information in Illinois

101 Illinois Bar Journal 316 (June 2013)

2 Pages Posted: 15 Jun 2013  

Jeffrey A. Parness

Northern Illinois University - College of Law

Date Written: June 13, 2013

Abstract

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

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

Jeffrey A. Parness (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

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