“Reasonable Inquiry”: Complying With Rule 26(g) In The Age Of Technology

There can be little debate that electronically stored information (“ESI”) has altered the landscape of discovery in civil litigation. The number of devices that transmit or store electronic data as well as the volume of data in existence have increased exponentially in recent years. The rules and underlying principles governing discovery in civil litigation, however, remain largely unchanged. In light of the voluminous available data and the myriad of methods for storing and accessing such data, attorneys should examine their normal practice of gathering information responsive to discovery requests and subject to disclosure, especially when ESI is involved, so they do not fun afoul of their obligations under Rule 26(g).