The Sedona Principles and Commentaries in the Third Edition (2018) are worthy successors to those of the Second Edition (2007) and, in many respects, a substantial improvement. Principles 2, 5 and 8 build on the 2015 amendments to Federal Civil Rules, including amended Rule 26(b)(1), in advocating an increased emphasis on proportionality across the full spectrum of e-discovery activity. They also reflect a more nuanced view of Rule 26(b)(2)(B), added by the 2006 Amendments to deal with undue burden or costs, as does Principle 13 in regard to cost allocation, which recommends use of amended Rule 26(c) to the exclusion of Rule 26(b)(2)(B). Amended Principle 12 and its Comments provide a lucid discussion of form or forms of production of ESI, updating and rationalizing confusion on the topic. The Third Edition does the same for amended Rule 1 and the role of cooperation, long championed by the Sedona Conference, while acknowledging the merits of amended Rule 37(e), which it adopts for amended Principle 14 because the rule joined the Sedona Conference in the rejection of harsh sanctions for unintentional conduct. Principle 6 remains unchanged from the Second Edition, as befitting its core message of support for appropriate judicial restraint and deference to the reasonable, good faith exercise of party management of primary conduct.
Allman, Thomas Y.
"The Sedona Principles (Third Edition): Continuity, Innovation, and Course Corrections,"
Akron Law Review: Vol. 51:
3, Article 10.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol51/iss3/10