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California e-discovery statute doesn't mandate cost-shifting, court says.

Publication: Trial
Publication Date: 01-FEB-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a case exploring an important practical question raised by the increasing use of electronic discovery, a California appeals court has ruled that a state law requires the plaintiff to pay the reasonable cost of translating data from the defendant's backup tapes to obtain requested information. The court stopped short of finding that the state's e-discovery law requires the demanding party' to pay these costs in all cases. The trial court retains considerable authority to manage the discovery process, including assessment of costs, the appeals...

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