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Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders, Public Comment Version, The Sedona Conference Working Group

June-August 2021

eData partner, Scott Milner, served as an active contributor on the drafting team for The Sedona Conference’s recent publication, Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders, Public Comment Version, a project of The Sedona Conference’s Working Group on Electronic Document Retention and Production (WG1).

This Commentary is intended to encourage more robust use of Rule 502(d) non-waiver orders. More than 12 years since the adoption of Rule 502 in 2008, there remains an apparent misunderstanding of the differences between Rule 502(d) and Rule 502(b), resulting in the slow adoption of Rule 502(d) orders as a standard in federal litigation. The Commentary attempts to clarify the confusion regarding Rule 502(d)’s protections and limitations while also providing guidance in addressing the challenges presented by use of such orders. 

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