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.

FORBES: Lawyers: Careful What You Tell Your Clients

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

FORBES: All Phone Calls With Brokers In The UK Now Recorded; Coming Soon To Europe and America

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.

FORBES: Terror-Related Case Has Supreme Court Poised To Revisit Pleading Standards Controversy

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.

FORBES: Lawyers Embrace Big Data

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.

FORBES: Business In The Beltway