Sarwal said his group will be advocating this and other ideas before the advisory committee on federal civil procedure rules, which helps set the rules used in federal courts.

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The decision creates a three-way split among the federal circuits on the proper application of Rule 26 of the Federal Rules of Civil Procedure.

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The U.S. Supreme Court in 2006 modified the Federal Rules of Civil Procedure to insure the ability to gain electronic discovery of messages.

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The Supreme Court may announce as early as Monday that it plans to revisit the controversial issue of pleadings standards under Rule 8 of the Federal Rules of Civil Procedure.

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The process really started in 2006, when amendments to the U.S. Federal Rules of Civil Procedure allowed electronic information, such as spreadsheet, emails, audio and video clips, to be covered by the pre-trial discovery process.

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The justices cited no empirical studies to support the idea that discovery costs were driving defendants to settle frivolous cases, Vail says, and overruled the rulemaking body that has developed federal rules of civil procedure since the 1930s.

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