When the Federal Rules of Civil Procedure were written in 1938, their provisions for discovery were among their most revolutionary provisions. The wide-open process for obtaining evidence from the other side was designed to enhance fairness and refocus litigation around the proof, rather than the technicalities of pleading.

Over time, many factors have put pressure on this model, and led to criticisms of the discovery process. Among the most important of these is the rise of electronically stored information (ESI) - emails, documents, and other electronic data.

• What challenges do you think ESI poses for the discovery process?
• Do you think that the recent reforms to the Federal Rules of Civil Procedure (examined in the lecture and the readings) deal adequately with these challenges? What suggestions for reform might you make?