Possession, Custody, and Control of ESI in Federal Civil Litigation | Practical Law
Neither the FRCP nor existing case law provide bright-line rules on who has control over discoverable ESI that resides in multiple places. This Practice Note examines the applicable federal rules on the possession, custody, and control of ESI, the traditional tests that courts use to determine control over documents and ESI that nonparties possess, and emerging jurisdictional issues relating to cloud-based ESI.