I.Introduction: Just Another Day in Electronic Discovery Court

II.The Distinctive Characteristics of Electronically Stored Information

A.Volume
B.Accessibility
C.Custodianship issues
D.Cost paradigm shift
E.Privilege screening
F.Choice in the form of production
G.Preservation and the routine destruction of digital information

III.Overview of the 2006 Amendments

A.History
B.Redefining "Document Discovery" in Rule 34
C.Early Attention to Electronic Discovery Issues
D.The "Two Tier" Approach to the Accessibility of Electronically Stored Information
E.Privilege Screening and Inadvertent Production of Privileged Information
F.The Form or Forms of Production
G.Answering Rule 33(d) Interrogatories with Electronically Stored Business Records
H.Discovery of Electronically Stored Information from Non-Parties
I.Restrictions on Judicial Power to Sanction Parties for Failing to Produce Electronically Stored Information

IV.Epilogue: The 2006 Amendments as "Persuasive Authority"

A.Placing Practical Limits on the Duty of Preservation: Reasonable Foreseeability
B.Is Metadata Within the Scope of Rule 34?
C.What Are the Court's Powers to Order the Form of Production and Allocate Costs?
D.Can the Court Order the Parties to Enter Into a "Claw Back" Agreement?

V.Conclusion