Both the law and the profession have raced to keep pace with technological changes that define the early 21st century. While these changes have had a profound impact on every practice area, issues inherent in the transition from hard-copy to electronically stored information (ESI) came quickly to the fore in the context of civil discovery. The ensuing chaos led to soaring litigation costs and struck terror into the hearts of attorneys traversing the previously uncharted terrain of ESI. After years of common law development, amendments to the rules of procedure, and sustained effort of practitioners, jurists, and academics to address these issues, a principled, rules-based discovery regime brought some order to the chaos. The journey, detailed in Electronically Stored Information in Maryland Courts, contains lessons for all.
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