“GOOD CAUSE” REQUIREMENT IN EXPEDITED DISCOVERY OF E-DOCUMENTS

Expedited discovery may be granted on a showing of good cause. A discovery request based on this standard is likely to be granted where there is an indication that there is a special need to protect the evidence from spoliation, when a party has a justified need to view certain evidence before the normal discovery proceedings, and other similar circumstances. Due to the transience of electronic documents, expedited discovery is particularly topical when electronic documents are concerned.

The following questions have been addressed in this article:

What is another standard used by the courts in determining whether expedited discovery should be granted?
How must the request for expedited discovery be formulated?
What are the main factors to be considered in application of the “good cause” standard in requests for expedited discovery?

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