Ken Withers on how the New Rules for electronic discovery are shaping up

Julia's scored another coup in persuading Ken Withers to share his unofficial notes from the ballots cast by the Advisory Committee on Civil Rules. There are some interesting additions and deletions. Surprisingly, some pretty awkward language has been simplified. Look for the phrases "absent exceptional circumstances" and "routine good faith operation of an electronic data system" in future opinions applying or not applying sanctions for not producing data.

Ken gave a webcast in early January of 2005 on what to expect in the new federal rules. I'll have to listen again as the Rules become solid.

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