E-Discovery Rules Mnemonics

E-Discovery Rules Mnemonics

June 12, 2015

Here are some mnemonics I devised to help remember federal rules pertaining to electronic discovery.  Some of these are pretty silly, but then many of mnemonics you find in legal textbooks are just as silly, and these are helpful to me:

 

 

Federal Rule of Civil Procedure (FRCP) 26(b)(2)(b) - Think Bring back 2 Business, and use the mnemonic: NRA FAD? OUI   - The cost of the production shifts to the requesting party when data is Not Reasonably Accessible when:

 

Forensic Recovery is necessary to access the data.

Automatically  Deleted according to good faith data retention policy

Obsolete - the data is stored on obsolete media.

The data is stored on UnIndexed back up tapes

 

This isn't strictly true, but you can remember this mnemonic by asking if not reasonably accessible data as a concept is a fad since everything will be retrievable from the Cloud soon - the answer is Yes!

 

FRCP 26(b)(5)(b)  - this rule concerns the clawback of inadvertently produced privileged material. 

26Bring Hives Back.  - you see bees working everywhere but you're not supposed to see inside the hives that are  the Attorney Client / Wirk Product area.

 

FRCP 26(a)(1)(C) - @ 1 half of a calendar page - ID  - Initial disclosures are due 14 days after the 26(f) meet and confer.

 

FRCP 26(f) -  the meet-and-confer must take place 99 days after the filing of the complaint.    Remember 'M.C. Face' - this when the parties give their rap face to face. 

At the meet-and-confer the parties need to know how accessible their data, where and how it is stored, and the cost of retrieval.    Use this mnemonic, employing similar body imagery: CRAW - half way between the stomach of storage & mouth of production.

 

FRCP 26(g) requires attorneys to sign document requests, responses and objections.   For the

'G' just think of a G man with gun to do the enforcing.  The rule provides for sanctions if electronic disocvery requests are excessive.    If Document Requests' Burdens and Costs are made Without Consideration, Mandatory Sanctions INot Substantially justified.   Try using the mnemonic:

DR SIGN BCWC M SINS

Think of a doctor signing off an ancient W.C. having committed a mortal sin.  

 

. . .more to come tomorrow night.

 

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