The rapid evolution and implementation of technology in society has resulted in the increasing use of data as evidence in court. While the scope of discovery is limited by, among other things, the burden imposed on the producing party, the sheer magnitude of electronic evidence compared to its physical counterpart necessitates a different framework for evaluating such a burden. Without limiting factors, the discoverability of electronically stored information (ESI) exposes producing parties to liability disproportionate to the value of a case. While the Federal Rules of Civil Procedure have evolved to address the discovery of ESI, the Georgia Civil Practice Act has remained largely stagnant, requiring judges to retrofit existing case law governing physical evidence to include ESI. This Note examines Georgia’s approach to the discovery of electronic evidence and proposes changes to modernize the state’s approach to eDiscovery.
Georgia’s Approach to Proportionality and Sanctions for the Spoliation of Electronically Stored Information,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol37/iss2/9