The Sedona Conference and its Working Group 1 on Electronic Document Retention & Production (WG1) are pleased to announce the publication of The Sedona Conference Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders, Public Comment Version. This Commentary, available here for free download, is intended to encourage more robust use Rule 502(d) non-waiver orders. More than 12 years since the adoption of Rule 502 in 2008, there remains an apparent misunderstanding of the differences between Rule 502(d) and Rule 502(b), resulting in the slow adoption of Rule 502(d) orders as a standard in federal litigation. The Commentary attempts to clarify the confusion regarding Rule 502(d)’s protections and limitations while also providing guidance in addressing the challenges presented by use of such orders. Members of the drafting team will present a webinar on Wednesday, July 14 to present key takeaways from the Commentary and to solicit feedback and questions. Save the date and look for an email announcement when registration opens. Working Group 1 also invites written comments through August 1, 2021 to [email protected]. |
