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| Alextronic Discovery An Electronic Discovery Blog covering News, Articles and Thoughts for the Legal and Corporate Community Author: Alexander H. Lubarsky, LL.M., Esq. - alubarsky@enterusa.com - Tel. (415) 533-4166 OR 800-375-4222 THIS BLAWG IS NOT AFFILIATED WITH THE WEB SITES WWW.DISCOVERYRESOURCES.ORG OR WWW.DISCOVERYRESOURCES.COM |
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Sunday, September 12, 2004 Sake and Kinkos and Gavels oh my! 9.12.04 So I stroll up to the clerk's counter at the majestic Ninth Circuit Court in San Francisco, surrounded by crystal chandeliers and marble hallowed halls, the place is a bit intimidating if not downright demeaning. It really puts the insignificance of one's self into stark perspective. My filing of a Petition for Review from a State Court appeal goes without a hitch. I realize that it is soon time for a web cast and I've gotta duck into a nice little nook with my cell and tablet pc close in hand. I ask the clerk if there is anywhere I can get a wireless connection at the courthouse. He tells me about cell phone reception. No, I says, not the cell phone ... ya know, the computer... internet. He says his brother in law once played a hand of blackjack on the internet for real money. Then he tells me there is some kind of computer plug thing in the library. I run to the library to find that the computer hook up thing is a universal power adapter that someone most likely left behind as they nervously scuttled up the marble stairs to face a nine judge appellate panel clutching gavels and perfecting their imposing frowns... I stroll over to the law librarian and he says that if I am not a court employee, then there is no access for me. "You're not a court employee, are you?" he asks. I feel like lying right there in the State's highest courthouse and literally standing beneath sitting Federal Circuit judges whose murmurs from the chambers above can be heard through the library's ceiling. My good upbringing gets the better of me and I make a mad dash for the nearest Kinkos. The lack of technology at the Ninth Circuit makes the new advisory proposal concerning e-discovery come as a shock if not a pleasant surprise. The Court has proposed an absolute duty for counsel to notify opposing counsel of electronic evidence which is likely germane to the litigation at hand and a meet and confer is required to facilitate such. Also, if one party can reasonably show a need for preservation, the court's standards for granting such an order has been lowered and we'll see much more in the way of preservation orders in this jurisdiction. The court is also considering requiring digital production via native or .tiff or some other format that is not paper. This will make the litigators just as happy as the environmentalists. The Chief Justice of the Ninth Circuit deserves a kiss from Julia Butterfly whatshername tree sitter... Finally, the courts suggest that responses to RFP's should indicate which types of media have been harvested and reviewed. This will help minimize the "you hid the smoking gun" allegations that are a staple in modern litigation. The guy at Kinkos directed me to a Starbucks but I did not have the password there. I finally ended up at a sushi joint that specializes in Spider Rolls and DSL connections... Ever tried giving a presentation while chewing on sashimi and knocking down a few sakes? posted by Alexander | 7:03 PM |
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