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SWIMMER & MOLDER, PL

ATTORNEYS AND COUNSELORS AT LAW


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ediscovery
B R I E F I N G

E-DISCOVERY UPDATES FOR ATTORNEYS, LAW FIRMS, AND CORPORATE LEGAL DEPARTMENTS!

ALERT: e-discovery amendments to Floridas guidelines for taxation of costs in civil actions
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Almost a year and a half after amending the Florida Rules of Civil Procedure to include ediscovery-related provisions, the Florida Supreme Court, on November 14, 2013, adopted e-discovery amendments to the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions (the Guidelines). According to the amended Guidelines, litigation costs that may be taxed as costs now include [t]he cost of producing copies of relevant electronic media in response to a discovery request and [t]he cost of converting electronically stored information to a reasonably usable format in response to a discovery request that seeks production in such format. Litigants and counsel should be aware of the amendments, as they may have a significant impact on the taxation of costs at the conclusion of the case. For example, non-prevailing litigants that invoke the civil e-discovery rules to request data in specific formats, large volumes of information, or copies of electronic media, can eventually find themselves paying those costs. Depending on the nature of the production, these costs could be significant. The recent Guideline amendments also specify that [t]he Cost of Privilege Review of Documents, including Electronically Stored Information should not be taxed as costs. Litigants and counsel should keep this in mind when performing privilege reviews (which, of course, should still be performed), as those costs will not be recoverable even when prevailing at trial no matter how much money might have been saved by performing the privilege review electronically. More importantly, this amendment highlights the importance of implementing sound and reliable document management and retention policies within organizations, with the aim of providing a level of litigation-readiness the goal of which is to streamline early case assessments and privilege reviews if and when a claim is ultimately made. ! ! !
For more information about our e-discovery practice, please contact Jason Molder at jason@swimmermolder.com, or by calling (954) 688-3132. Practice limited to Florida matters. This document is for informational purposes only, and in no way constitutes the provision of legal services or advice. Do not use or rely on anything herein as a replacement for competent legal advice.
[2013-12-003]

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E-DISCOVERY INQUIRIES: (954) 688-3132 JASON@SWIMMERMOLDER.COM