I was wondering if anyone has had a chance to look at "Comment: What if
anything is an e-mail? Applying Alaska's civil discovery rules to e-mail
production," by Ealy and Schutt and the June 2002 issue of the Alaska Law
Review.  The authors suggest that the sands of e-mail production may be
shifting to cost sharing arrangements both at the state and federal
level.  They cite cases that support burden based on likelihood of finding
relevant evidence.  They suggest 3 recommendations:

1.  Include e-mail in pretrial discovery process to define what, how, and
how much
2.  Shift burden to parties seeking "extensive" or "exotic" e-mail production
3.  Adopt rules to require automatic return of privileged, proprietary, and
non relevant materials.

I was wondering if any attorneys or others on the list have a chance to
look at this.  What are your thoughts.

Dave Gaynon
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