"P6 Discovery Under the US Federal Rules of Civil Procedure" by Kelly Roger Wallace, PSP and Kenji P. Hoshino, PSP CFCC
Abstract
Federal Rules of Civil Procedure 26-37 control the discovery electronically stored information. While electronic discovery is currently evolving in many ways, the handling of the P6 database in claims involving schedule analysis presents unique challenges during discovery under these electronic discovery rules. In motions to compel production parties will argue for and against accessibility of the relevant information, the burden of the production of the relevant information and the reliability of the produced files. This work will explain the application of the electronic discovery on the discoverability of P6 schedule databases. We will analyze the general application of the electronic discovery rules during discovery. We will diagram the mechanics of the electronic discovery rules for an understanding of how electronic discovery is handled. We will then present probable outcomes, based on precedent, of how the courts may respond to motions involving P6 databases.