Under Rule 26, courts have the ability to protect parties against unduly burdensome discovery or expensive methods. Courts may restrict discovery or require that the discovering party pay the cost. Manual for Complex Litigation. Case Law Courts have ruled, It is black letter law that computerized data is discoverable if relevant. B. Types of Discoverable Evidence 1.
Computers generate and store huge amounts of valuable information.
Uncovering this information may be analogized to taking an EKG of a company. Active data or Data files. These are active working files and any information that is readily available and accessible from employee s personal files and drives. Documents, which were never saved by the user, but were saved by the computer, are categorized as Replicate Data. Files stored in case of system failure.