Try Using Neutrals For State Court ESI Disputes

By Robert Wilkins (October 1, 2018, 9:56 PM EDT) -- The demands on our state and federal courts to resolve disputes concerning electronically stored information continue to grow exponentially. However, our state court judges face challenges beyond those of the federal judiciary. Federal district court judges have law clerks and magistrate judges for ESI-related discovery issues. The magistrate judges have their own law clerks to assist them. State court judges are not as well supported. With a growing caseload and shrinking court budget, the burden on state court judges to handle their dockets as well as keep up-to-date of the rapidly changing ESI-related law and technology is substantial. This article proposes a way for trial counsel to lessen that burden for state trial courts....

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