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IAALS Online National Conversations About Continuous Improvement of the American legal System

One Model Discovery Order That Can Make a Difference, One Case at a Time

Brittany Kauffman Posted in Rule One

Judge Paul W. Grimm is well known for his contributions in the area of improving the pretrial discovery process, particularly with regard to the discovery of electronically stored information. In addition to his many other roles, Judge Grimm is a frequent lecturer on these topics and we were delighted to have him serve as a member of the faculty for our recent 2nd Annual Educational Summit for State Court Judges. One of the highlights of the program was a very interactive group discussion on crafting model orders, guidelines, and rules. As Professor Steven S. Gensler, the moderator of that panel, recently summarized, “Rules, guidelines, and model orders can help guide the parties, but they must be designed to facilitate judicial management, not replace it. Here, too, no one size fits all.” Judge Grimm’s Discovery Order provides an excellent example, and we recommend it to state and federal court judges alike as a model and inspiration to manage the pretrial discovery process so as to reduce the cost and burden of discovery.