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E-Discovery Update: “Discovery on Discovery”

In this JD Supra article, Jill Crawley Griset and Chelli Robinson of McGuire Woods LLP, address the trend for plaintiffs to seek “discovery on discovery.” The authors note that the courts have typically refused these requests without evidence of spoliation. Pointing out that the “key” to permissible discovery is relevancy, the authors advise that when in receipt of a request for discovery on discovery “in the form of a 30(b)(6) deposition, requests pertaining to preservation and collection efforts, or even retention policies,” parties should strongly consider objecting to the request. The authors note that discovery of this nature is not relevant to the case issues and not within the scope of discovery without evidence of spoliation.

Read the full article here.

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