Discovery
The process of providing documents to an opposing party in US litigation. Unlike the UK, the US process is driven by "pull" i.e. a party needs to specify the documents they want each opposing party to produce.
Mark Dingle
LitSavant was established by Mark Dingle in 2010.
Mark has been working in the litigation support industry for over 11 years. His past employment includes two top 20 law firms and one of the largest service providers. In these roles Mark has managed edisclosure projects on behalf of leading financial institutions and insurers as well as high profile energy and pharmaceutical companies.
Mark was a founding member of LiST and a member of the LiST group committees responsible for their proposed "Revised Disclosure Statement", "Data Exchange Protocol", "Draft Technology Questionnaire" and "Practice Direction for the use of IT in Civil Proceedings".
Mark is currently a member of the working party chaired by Senior Master Whitaker charged with drafting a practice direction governing the handling and disclosure of Electronically Stored Information (ESI). This draft Practice Direction was recently favourably referred to by Lord Justice Jackson in his Review of Civil Litigation Costs: Final Report.
Acceptable conduct
The standard of acceptable conduct is determined through experience. In the discovery context, the standards have been set by years of judicial decisions analyzing allegations of misconduct and reaching a determination as to what a party must do to meet its obligation to participate meaningfully and fairly in the discovery phase of a judicial proceeding. A failure to conform to this standard is negligent even if it results from a pure heart and an empty head.
US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)
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