Probing Claims That Data Is Not Reasonably Accessible Seth Row Aba Pp&D Fall 2008

This document provides summaries of two articles from the Committee on Pretrial Practice & Discovery's Fall 2008 issue. The first article discusses probing claims made by opponents in civil litigation that electronically stored information is "not reasonably accessible" under Rule 26(b)(2)(B) of the Federal Rules of Civil Procedure. It recommends demanding more detailed identification of the allegedly inaccessible data sources, considering retaining an e-discovery consultant, and potentially conducting discovery about the opponent's data preservation and retrieval practices to challenge such claims. The second article provides suggestions for effective discovery motion practice, emphasizing the importance of being thoroughly prepared, attempting to resolve disputes without court involvement, and understanding relevant rules and case law. It discusses motion preparation