CEDS| Questions and Answers with complete solution

CEDS Proportionality - ✔✔Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request - ✔✔Consistent w/ FRCP , Non -Frivolous, not to harass, not unreasonably burdensome Rule 26(f) - ✔✔"Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) - ✔✔Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan - ✔✔Initial disclosure (subjects requiring discover y) Timetable Format Privilege issues Limitations on discovery (per agreement) Clawback agreements Rule 26 Discovery Plan (2) - ✔✔May list particular issues and agree on timing (e.g. production schedule) or broader initial discovery to narrow later. Early Data Assessment - ✔✔Preliminary assessment of data. Evaluation of systems, custodian data, other evidence. Sort out critical / non -critical groupings Is not early case assessment Helps to : Assess costs Choose Technologies Address at 26(f) conference Mer its of case before doc review Decide whether to settle / litigate FRCP 26(b)(1) - ✔✔Provides guidance on cost shifting. "reasonableness" Rule 26(b)(2)(B) - ✔✔Not reasonable accessible - due to "undue burden or cost" Requires "Good Cause" Documenting Preservation - ✔✔Complete & accurate records: Witness interview notes Copies of org charts Legal Hold notice Evidence of distribution Follow -Up actions Records Management - ✔✔What is the Records Management policy? Purpose & schedule Litigation Hold always supercededs Backup Media - ✔✔Back -Up policies, schedule, restore time, impact on metadata, etc Preservation - ✔✔Begins with a litigation ho ld. Immediate obligation to preserve ESI Steps to prevent ESI from being overwritten Litigation Hold - ✔✔Anticipation of litigation Reasonable steps to preserve