Post Process

Everything to do with E-discovery & ESI

Case Blurb: Benedict College; Uncategorized ‘Data Dumps’ are Impermissible

Posted by rjbiii on December 18, 2009

Furthermore, the fact that the information sought might already be in the possession of the requesting party or obtainable from another source is not a bar to discovery of relevant information.

Having reviewed the 30(b)(6) deposition of [Producing Party’s Representative], heard the arguments of counsel at the hearing, and considered the arguments presented in the briefs, the court finds [Producing Party’s] position untenable. Contrary to defense counsel’s argument, the rules of civil procedure and evidence do not permit a party to dump on opposing counsel a load of documents–in this case, some 5,000–without a correlation to the requesting party’s discovery request, then produce an unresponsive, evasive or otherwise obfuscating 30(b)(6) witness who fails to provide an explanation of the discovery produced, and then claim that it was the requesting party’s fault for not making proper inquiries in discovery.

Benedict College v. Nat’l Credit Sys., 2009 U.S. Dist. LEXIS 106742, 16-17 (D.S.C. Nov. 16, 2009)

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