The Seventh Circuit has adopted an ediscovery pilot program. It's report is available here: http://www.ca7.uscourts.gov/7thCircuit_ElectronicDiscovery.pdf and is well worth studying for guidance on how to handle ediscovery. What makes this program unique is that it is actually being tested in trials:
"Individual district court judges,magistrate judges, and bankruptcy judges in the Seventh Circuit have agreed to adopt the Principles and implement them in selected cases during the Phase One period. This will be done through entry of the [Proposed] Standing Order by the participating judges in the selected cases. Once adopted as standing orders, the Principles will serve as supplemental procedural guidelines to be followed by litigants. The Principles' efficacy will then be evaluated and refined. Phase One of the pilot project will occur from October 2009 to May 2010. The Institute for the Advancement of the American Legal System at the University of Denver is developing questionnaires to assess the efficacy of the Principles. Questionnaires will be completed by the participating judges and by the lawyers who practice before the judges. The results of the IAALS's questionnaires will be presented at the 7th Circuit Annual Meeting in May 2010. In May 2010, the E-Discovery Committee will also evaluate the efficacy of the Principles and refine them as appropriate. Phase Two will then proceed from June 2010 to May 2011. In May 2011,the E-Discovery Committee will then formally present its findings and issue its final Principles." p. 12
Identifying the problem with ediscovery the report note:
"Too often these exchanges begin with unhelpful demands for the preservation of all data, which often are followed by exhaustive lists of types of storage devices. Such generic demands lead to generic objections that similarly fail to identify specific issues concerning evidence preservation and discovery that could productively be discussed and resolved early in the case by agreement or order of the court. As a result, the parties often fail to focus on identifying specific sources of evidence that are likely to be sought in discovery but that may be problematic or unduly burdensome or costly to preserve or produce." p.9.
The report attempts to clarify the specific steps to be taken to get cooperation from the attorneys, better define "inaccessible" data, apply a standard of proportionality, require appointment of an ediscovery liaison, and give specific suggestions for education of attorneys.