Post Process

Everything to do with E-discovery & ESI

Case Blurb:Powers; Standard for whether to allow forensic exam of a hard drive

Posted by rjbiii on August 28, 2007

The standard by which the court determines whether to allow a forensic inspection of the adversary’s computer is provided by Rule 26(b)(2).
Rule 26(b)(2) not only permits but requires the court to curtail discovery efforts in a number of circumstances: if the discovery sought is unreasonably cumulative or duplicative or is attainable from some other source that is more convenient or less burdensome; when the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or when the balance of burden and expense outweighs the information’s likely benefit. Powers v. Thomas M. Cooley Law School, 2006 WL 2711512 (W.D. Mich. 2006).

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