Sometimes, it does take an “act of Congress” to get things done.
On December 13, a key subcommittee of the House of Representatives will conduct hearings regarding “The Costs and Burdens of Civil Discovery”. The 10-member House Constitution Subcommittee led by Chairman Trent Franks (R. AZ) will hear from various witnesses regarding these issues — the first such hearing since the rules were last updated in December 2006.
Since the new rules took effect five years ago, sanctions for discovery violations have increased exponentially. A 2010 study published in the Duke Law Journal (and reported in this blog one year ago today) found that there were more eDiscovery sanction cases (97) and more eDiscovery sanction awards (46) in 2009 than in any prior year – more than in all years prior to 2005 combined!!
The hearings were originally scheduled for earlier this month, on November 16. According to the Lawyers for Civil Justice web site (which has not yet been updated to reflect the new hearings date), the hearings are expected to cover:
Scheduled witnesses include:
According to the International Data Corporation (IDC), the amount of digital information created, captured and replicated in the world as of 2002 was 5 exabytes (5 billion gigabytes), rising to 988 exabytes by 2010 (nearly a 20,000% increase)! As a result, expenses associated with storing, collecting, searching and producing ESI in discovery have skyrocketed and many say that changes to the Federal Rules are inevitable (though some say it is too soon to fully grasp the impact of the 2006 Federal Rules changes). It will be interesting to see what comes out of the hearings next month.
So, what do you think? Do you expect major changes to the rules regarding eDiscovery, and if so, what would you like to see changed, and why? Please share any comments you might have or if you’d like to know more about a particular topic.
Browse eDiscovery Daily Blog