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Posts tagged "Discovery electronically stored information ESI emails cost good cause proportionality Rule 26(b)(2)(B)"

Federal Court Finds Plaintiffs' Motion to Compel Production of ESI Fails Rule 26 Proportionality Test

Rhode Island's federal district court has held that plaintiffs have failed to meet the "proportionality" test included in Rule 26 to compel defendants to search backup tapes for emails they may contain. The court said the relatively high cost of the search compared to the low likelihood the tapes contained email not already produced weighed against requiring defendant to search the tapes.