“Unfriending” Evidence – Maryland Follows “Reasonable Juror” Standard in Authentication of Social Media
May 12, 2020
The Sedona Conference and Its Impact on E-Discovery
June 8, 2020

ESI in MD Courts

I am pleased to announce the publication by the Maryland State Bar Association of M. Berman, et al., eds.,  ELECTRONICALLY STORED INFORMATION IN THE MARYLAND COURTS (2020).

This book is intended as a practitioner’s handbook addressing primarily – but not exclusively – how ESI is addressed in Maryland State courts, comparing and contrasting the State approach with the Federal approach. For example, Chapter 4 summarizes Maryland’s 2008 ESI Rules; Chapter 5 does the same with the Federal ESI Rules, and the Local Rules and Discovery Guidelines of the United States District Court for the District of Maryland; Chapter 7 addresses the ESI Principles of the District of Maryland; and Chapter 8 explains Maryland’s textual divergence from the Federal ESI Rules. Chapter 9 addresses the common-law duty to preserve certain information in Maryland courts and compares it with Federal decisions regarding that duty. Chapters 12 and 13 make the same type of comparison regarding the spoliation doctrine, suggesting that Maryland courts may wish to follow more recent Federal principles. And, Chapter 16 compares the Federal non-waiver of privilege rule, Fed.R.Evid. 502, with the Maryland analog, Md. Rule 2-402.

The book also includes some ground-breaking strategies – such as Chapter 19, “The Continuing Utility of the Hopson-Immunized Clawback” – some bread-and-butter materials, such as Chapter 21 – “A Primer on Scrubbing Metadata” – as well as chapters on social media searches of jurors, parties, and witnesses, and guidelines on “friending” judges. It also addresses admissibility issues and Chapter 30 provides a comprehensive discussion of authentication of ESI in Maryland courts. Chapter 31 tackles unique issues surrounding the use of ESI in depositions.

The book is available through the Maryland State Bar Association.