Post Process

Everything to do with E-discovery & ESI

Case Blurb: Mirbeau of Geneva Lake; Right of a Party to Conduct its own Search

Posted by rjbiii on December 29, 2009

[T]he federal rules do not give a party the “right to conduct its own search of [another party’s] electronic devices. Instead, in facilitating the production of ESI, the federal rules “allow the responding party to search his [or her] records to produce the required, relevant data.” Only if the moving party can actually prove that the responding party has concealed information or lacks the expertise necessary to search and retrieve all relevant data, including metadata or residual data, is it proper for the moving party to initiate the searches of the other party’s ESI.

Mirbeau of Geneva Lake LLC v. City of Lake Geneva, 2009 U.S. Dist. LEXIS 101104, at *3-4 (E.D. Wis. Oct. 15, 2009)

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