For the first time in a decade, The Sedona Conference Working Group on Electronic Document Retention and Production has released a new version of The Sedona Principles for public comment. The Sedona Conference is a 501(c)(3) nonprofit educational institute with a stated mission of promoting “the reasoned and just advancement of law and policy by stimulating ongoing dialogue amongst leaders of the bench and bar to achieve consensus on tipping point issues.” The Sedona Conference principles and comments have been cited in many previous court opinions on e-discovery issues.
Originally published in 2004 and last updated in 2007, The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production seeks to address the rapid and complex changes that have occurred across the e-discovery landscape over the past decade. As stated in the introduction to the Third Edition, the updated Principles are a response to “an even greater explosion in the volume and diversity of forms of electronically stored information, the constant evolution of technology applied to eDiscovery, and by further amendments to the Federal Rules of Civil Procedure that went into effect in December 2015.”
Covering topics including, among others, preservation obligations, scope of discovery, cost shifting, and sanctions, the Third Edition enumerates and analyzes 14 points of emphasis intended to “embody the consensus view of [the Working Group] on a reasonable and balanced approach to the treatment of electronically stored information in the legal process.”
The Public Comment version of The Sedona Principles, Third Edition is open for comment until June 30, 2017, and can be viewed in its entirety here.