Sedona Guide for Judges

The month, the Sedona Conference released the third edition of The Sedona Conference Cooperation Proclamation: Resources for the Judiciary,Third Edition, available for download here. This guide makes seven principal recommendations for judges on how to handle electronic discovery in civil actions. An overall goal is to conduct discovery efficiently. "The expenditure of a small measure of judicial resources at the beginning of litigation to set the tone and direction of eDiscovery—and a judge’s later availability at each stage of the action—will likely save the expenditure of significantly more judicial resources later."

1. Take a hands-on approach early.

2. Deadlines should be enforced by requiring periodic reports on the parties' discovery.

3. Attorneys should be required to have knowledge of their client's information technology systems and forms of communication.

4. The parties should meet to develop a discovery plan.

5. Discovery should be proportional, balancing the cost and burden of discovery with the importance of the case.

6. Disproportionate discovery should discouraged by phasing; protective orders; and cost shifting.

7. Judges should sanction parties for unreasonable delay or costs.