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Exterro Released their 5thAnnual Federal Judges Survey
The 5th Annual Federal Judges Survey makes it clear that while judges are prepared to manage discovery when needed, counsel must be prepared, informed, and able to work collaboratively to achieve the best results.
Below is a link to the entire report.
Here are some thoughts;
The Judges surveyed believe almost half of attorneys fail to comply with FRCP 26(g)(3) – Ensure that Discovery Request/response is “complete and Correct”
86% of Judges surveyed are most likely to impose a sanction when they identify Intentional misconduct that caused spoliation. While only 16% were inclined to impose sanctions when the party has no defined process for preserving data, which caused spoliation.
The survey results indicate that the Judges believe more than 50% of the lawyers appearing before them sow an adequate level of knowledge and expertise in e-discovery matters.
More than 60% of Judges surveyed believe that they require additional training or education in certain limited areas of e-discovery technology and practices – while 30% indicated they need no additional training.
It is a great report – I encourage you to read the complete analysis.