Exterro’s third groundbreaking “Judges’ Survey” asks how the judiciary views electronic evidence in light of the 2015 Amendments. While some believed that it was mostly symbolic to move proportionality around in the Rules, the surveyed judges see it as the rule that will change the most behavior.
Regarding “reasonable steps” around preservation, over 80% of the judges surveyed believe that written legal holds are necessary with well over half expecting a documented repeatable process.
The judges grade their colleagues very high in understanding of electronic evidence, and express frustration with the members of the bar who are not yet technologically competent.
The Honorable Judge John Facciola, Judy Selby, David Yerich and I provide commentary for the survey. More importantly, the survey collected comments from the judges for each question.
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