Post Process

Everything to do with E-discovery & ESI

Case Blurb: Mirbeau of Geneva Lake; Looking for Standardization of ESI Scope? Don’t.

Posted by rjbiii on December 29, 2009

Federal Rule of Civil Procedure 26(b)(1) allows parties to obtain discovery regarding any matter, not privileged, which is relevant to the claim or defense of any party. Relevant information need not be admissible at trial if the discovery appears to be reasonably calculated to lead to the discovery of admissible evidence. The Court has broad discretion when reviewing a discovery dispute and “should independently determine the proper course of discovery based upon the arguments of the parties.” The court should consider “the totality of the circumstances, weighing the value of material sought against the burden of providing it, and taking into account society’s interest in furthering the truth-seeking function in the particular case before the court.”

Mirbeau of Geneva Lake LLC v. City of Lake Geneva, 2009 U.S. Dist. LEXIS 101104 at *2 (E.D. Wis. Oct. 15, 2009)(internal citations removed)(emphasis added).

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