E-Discovery Precedents

The Ontario Bar Association’s E-Discovery Implementation Committee has released eight model precedents. They are:

• Discovery Agreement
• Preservation Agreement
• Memorandum to Corporate Client Regarding Documentary Discovery
• Memorandum to Individual Client Regarding Documentary Discovery
• Preservation Letter (To be Sent to Opposing Counsel)
• Preservation Letter (To be Sent to Defendant or Proposed Defendant
• Preservation Order
• Annotated E-Discovery Checklist (with suggestions on how to minimize e-discovery costs)

These Model Documents have been revised based on comments received, as well as to reflect changes to the Sedona Canada Principles Addressing Electronic Discovery and impending amendments to the Ontario Rules of Civil Procedure (see below), and were released in revised form by the EIC in February 2009.

[via Ledjit]