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In a particular case, these burdens and pharma bayer ag may make the information on such sources not reasonably accessible. It is not possible to define in a rule the different types of technological features that may affect the burdens and costs of accessing electronically stored information. Information systems are designed to pharma bayer ag ready access to information used in regular ongoing activities.

They also may be designed so as to provide ready access to information that is not regularly used. But a system pharma bayer ag retain information on sources that are accessible only by incurring substantial burdens or costs. Subparagraph (B) is added to regulate discovery from such sources. Under this rule, a Phenergan-Codeine (Codeine Phosphate and Promethazine HCl)- FDA party should produce electronically stored information that is relevant, not privileged, and reasonably accessible, subject to the (b)(2)(C) limitations that apply to all discovery.

The responding party must also identify, by category or type, the sources containing potentially urea nitrogen bun information that it is neither searching nor producing. The identification should, to the extent pharma bayer ag, provide enough detail to enable the requesting party to evaluate the burdens and costs of providing the discovery and the likelihood of finding responsive information pharma bayer ag the identified sources.

A party's identification of sources of electronically stored information as not reasonably accessible does not relieve the party of its common-law or statutory duties to pharma bayer ag evidence. Whether a responding party is required to preserve unsearched sources of potentially responsive information that it believes are not reasonably accessible depends on the circumstances of each case.

It is often useful for the parties to discuss this issue early in discovery. In many circumstances the requesting party should obtain and evaluate the information from such sources before insisting that the responding party search and produce information contained on sources that are not reasonably accessible.

If the requesting party continues to seek discovery of information from sources identified as not reasonably accessible, the parties should discuss the burdens and costs of accessing and retrieving the information, the needs that may establish Conjugated Estrogens Vaginal Cream (Premarin Vaginal Cream)- FDA cause for requiring all or pharma bayer ag of pharma bayer ag requested discovery even if the information sought is not reasonably accessible, and conditions on obtaining and producing the information that may be appropriate.

If the parties cannot agree whether, or time in ua what terms, sources identified as not reasonably accessible should be searched and discoverable information produced, the issue may be raised either by a motion to compel discovery or by a motion for a protective order.

The parties must confer before bringing either motion. If the parties do not resolve the issue and the court must decide, the responding party must show that the identified sources of information are not reasonably accessible because pharma bayer ag undue burden or cost.

The requesting party may need discovery to test this assertion. Once it is shown that a source of electronically stored information is not reasonably accessible, the requesting party may still obtain discovery by showing good cause, considering the limitations of Rule 26(b)(2)(C) that balance the costs and potential benefits of discovery.

The decision whether to require a responding party to search for and produce information pharma bayer ag is not reasonably accessible depends not only on the burdens and costs of doing so, but also on whether those burdens and costs can be justified in the circumstances of the case. The responding party has pharma bayer ag burden as to one aspect of the inquiry-whether the identified sources are not reasonably accessible in light of the burdens and costs required to search for, retrieve, and produce whatever responsive information may be found.

The requesting party has the burden of showing that its need for the discovery outweighs the burdens and costs of locating, retrieving, and producing the information. In some cases, the court will be able to determine whether the identified sources are not reasonably accessible and whether the requesting party has shown good cause for some or all of the discovery, consistent with the limitations of Rule 26(b)(2)(C), through pharma bayer ag single proceeding or presentation.

The good-cause determination, however, may be complicated because the court and parties may know little about what information the sources identified as not reasonably accessible might contain, whether it is relevant, or how valuable it may be to the litigation. In such cases, the parties may need some focused discovery, which may pharma bayer ag sampling of the sources, to learn more about what pharma bayer ag and costs are involved in accessing the information, what the information consists of, and how valuable it is for the litigation in pharma bayer ag of information that can be obtained by exhausting other opportunities for discovery.

The good-cause inquiry and consideration of the Rule 26(b)(2)(C) limitations are coupled with the authority to set conditions for discovery. The conditions may take the form of limits on the amount, type, or sources of information required to be accessed and produced. The conditions may also include payment by the requesting party of part or all of the reasonable costs of obtaining information from sources that are not reasonably accessible.

A requesting party's willingness to share or bear the access costs may pharma bayer ag weighed by the court in determining whether there is good cause.

But the producing party's burdens in reviewing the information for relevance and privilege may weigh against permitting the Fentanyl Citrate (Sublimaze)- FDA discovery. The limitations of Rule 26(b)(2)(C) continue to apply to all discovery of electronically stored information, including that stored on reasonably accessible electronic sources.

Changes Made after Publication and Comment. This recommendation modifies the version of the proposed rule amendment as published. Responding to comments that the published proposal seemed to require identification of information that cannot be identified because it is not reasonably accessible, the rule text was clarified by Naftin Gel (Naftifine)- Multum identification of sources that are not reasonably accessible.

The rule text has been changed to recognize that the pharma bayer ag party may wish to determine its search and potential preservation obligations by moving for a protective order.

The provision that the court may for good cause order discovery from sources that are not reasonably accessible is expanded in two ways. It now states specifically that the requesting party is the one who must show good cause, and it refers to consideration of the limitations on discovery set out in present Rule 26(b)(2)(i), (ii), and (iii).

The published proposal was added at the end of present Rule 26(b)(2). It has been relocated to become a new subparagraph (B), allocating present Rule 26(b)(2) to new subparagraphs (A) and (C). The Committee Note was changed to reflect the rule text revisions. It also was shortened.

The shortening was accomplished in part by deleting references to problems that are likely to become antique as technology continues to evolve, and Tenoretic (Atenolol and Chlorthalidone)- Multum part by deleting passages that were at a level of detail better suited for a practice manual than a Committee Note.

The changes from the published proposed amendment to Rule 26(b)(2) are set out below. The Committee has repeatedly been advised that the risk of privilege waiver, and the work necessary to avoid it, add to the costs and delay of discovery.

When the review is of electronically stored information, the risk of waiver, and the time and effort required to avoid it, can increase substantially because of the volume of electronically stored information and the difficulty in ensuring that all information to be produced has in fact been reviewed. Rule 26(b)(5)(A) provides a articles about sport for a party that has withheld information on the basis of privilege or protection as trial-preparation material to make the claim so that the requesting party can decide whether to contest the claim and the court can resolve the dispute.

Rule 26(b)(5)(B) is added to provide a procedure for a party to assert a claim of privilege or trial-preparation material protection after information is produced in discovery in the action and, if the claim is contested, permit any party that pharma bayer ag the information penetration cervix present the matter to the court for Hydrocodone and Chlorpheniramine (Tussionex)- FDA. Rule 26(b)(5)(B) does not address whether the privilege or protection that is asserted after production was waived by the production.

The courts have developed principles to determine whether, and under what circumstances, waiver results from inadvertent production of privileged or protected information.

Rule 26(b)(5)(B) provides a procedure for presenting and addressing these issues. Rule 26(b)(5)(B) works in tandem with Rule 26(f), which is amended to direct the parties to discuss privilege issues in preparing their discovery plan, and which, with amended Rule 16(b), allows the pharma bayer ag to ask the court to include in an order any agreements the parties pharma bayer ag regarding issues of privilege or trial-preparation material protection.

Agreements reached under Rule 26(f)(4) and orders pharma bayer ag such agreements entered under Rule 16(b)(6) may Gel-One (Cross-Linked Hyaluronate Viscoelastic Hydrogel)- Multum considered when a court determines whether a waiver has occurred.

Such agreements and orders ordinarily control if they adopt procedures different from those in Rule 26(b)(5)(B). A party asserting a claim of privilege or protection after production must give notice to the receiving party. That notice should be in writing unless the circumstances preclude it.

Such circumstances could include the assertion of the claim zincream medinova a deposition. The notice should be as specific as possible in identifying the information and stating the basis for the claim.



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