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Journal of Technology Law & Policy

Document Type

Article

Abstract

This Article examines the way that electronically stored documents are treated in the discovery process, and particularly focuses on the metadata attached to email, the most prevalent form of communication in the litigation context. This Article also surveys how the Federal Rules of Civil Procedure treat metadata, as well as case law ruling on the discovery of metadata, and the evolution of law surrounding it. The Article finishes by interpreting this evolution, and suggests a modest standardization and automatic disclosure during discovery of specific e-mail metadata fields. These changes will limit the cost and streamline the process of e-discovery, particularly for unsophisticated litigants.

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