Extract from Christopher Boehning and Daniel J. Toal’s article “The Sedona Conference Provides Guidance on Non-Party Discovery and ESI Evidence & Admissibility”
Since publishing The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production, Public Comment Version in 2003, The Sedona Conference has been the go-to resource for guidance on legal issues relating to the discovery of electronically stored information (ESI). Sedona publications have been cited hundreds of time by courts on issues ranging from data preservation and legal holds to the use of technology-assisted review. Sedona’s Working Group 1 on Electronic Document Retention and Production (WG1) is an active think-tank of jurists, attorneys, academics, consultants, and experts that regularly publishes commentaries on “tipping point” e-discovery topics. Most recently, WG1 published its updated guidance on two e-discovery topics that have challenged judges and practitioners alike: non-party discovery under Rule 45 of the Federal Rules of Civil Procedure and the admissibility of ESI evidence.