As pointed out in the overview of
Guidelines for State Trial Courts Regarding Discovery of Electronically Stored Documents a terabyte of electronically stored information is the equivalent of 500 million typewritten pages of plain text. One document may have more than a thousand versions or copies in a networked environment. E-mail systems generate thousands of unorganized documents which may contain "potentially embarrassing or inappropriate comments."
"The frequency with which electronic discovery-related questions arise in state courts is increasing rapidly," says the report, "because of the near universal reliance on electronic records both by businesses and individuals."
The report goes on to say:
- There are significant differences in the discovery of conventional paper documents and electronically stored information in terms of volume, volatility and cost
- Until recently, electronic discovery disputes have not been a standard feature of state-court litigation in most jurisdictions
- Uncertainty about how to address the differences between discovery of conventional and electronically-stored information under current discovery rules and standards exacerbates the length and costs of litigation
- Discovery disputes are rarely the subject of appellate review
According to the report, the Conference of Chief Justices (CCJ) established a Working Group at its 2004 annual meeting to develop a reference document to assist state courts in considering issues related to electronic discovery. A review draft of proposed guidelines was widely circulated for comment in October, 2005. At its business meeting on August 2, 2006, CCJ approved this report.
