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But the tendency of the courts is to reject broad attempts to discover all material contained on a computer's hard drive without some showing that the material might be relevant to the case.

Moreover, it is a good practice to memorialize all agreements between the parties in a court order.Another change to rules on e-discovery is the requirement for parties to address the preservation of ESI during the initial conference.FRCP 26(f)(3)(C) now requires that during the initial conference, specifically during the discovery plan, parties must state their views and proposals on "any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced." This will require that the paralegal as well as the attorney plan before the discovery process how to handle e-discovery.The threat of civil liability can have a meaningful deterrent effect when parties in divorce cases seek to introduce evidence obtained through use of spyware.A spouse cannot, of course, conceal otherwise-discoverable information simply by protecting it with a password.FRCP 37(e) has been changed to specify measures that a court may take in response to spoliation of e-discovery.

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