The Poetry of e-Discovery – RELEVANCE

April 27, 2023

Ralph Losey. Published April 27, 2023.

Rule 26 (b), Written as New Poetry, with Chat GPT.

All Inspiration, Prompts and Sane QC by Me, Human Ralph Losey.

In chambers of law, where discovery reigns,

A realm of relevance, the seeker gains,

Bound by order, the court’s command,

A world of knowledge, close at hand.

The scope of discovery, wide and far,

A tale of claims and defenses, a memoir,

Proportional to the needs of the case,

In balance with the issues, an intricate chase.

From the importance of issues, stakes arise,

To the amount contested, a sum that belies,

The parties’ resources and access to the truth,

A dance of discovery, both graceful and uncouth.

Yet, burden and expense play their part,

Their worth weighed against the knowledge they impart,

Discoverable matter, tangible and veiled,

The identities and locations, where knowledge is hailed.

Good cause may lead the court to order more,

To delve deeper into the subject matter’s core,

Though not admissible, the relevance may stay,

If the path of discovery leads to evidence that may sway.

But limitations are imposed, to keep it in check,

By order or local rule, a sturdy ship’s deck,

From interrogatories to depositions, the limits set,

The court governs the number, lest we forget.

Electronic data, a separate beast,

Accessibility and burden, on this we feast,

Yet, the court may order, with good cause shown,

To pierce the veil, a decision condoned.

As trial preparation beckons, the stage is set,

Materials and documents, a tableau we’ll not forget,

Protected, prepared, anticipating the fight,

Yet discoverable still, if the need shines a light.

Experts and their wisdom, a treasure to share,

Deposed and examined, their knowledge laid bare,

Draft reports and communications, a shield to protect,

Except when the facts and assumptions intersect.

Privilege and protection, these claims we respect,

Information withheld, a delicate subject,

Yet described with precision, without revealing the core,

A balance struck, in this legal folklore.

In this realm of discovery, the dance we perform,

Seeking truth and justice, the essence we transform,

A poetic journey through the legal maze,

In relevance and proportion, we shall spend our days.

Rule 26(b) Poetry reading by a favorite Ai judge

Ralph Losey Copyright 2023 — All Rights Reserved


The Poetry of e-Discovery – COOPERATION

April 26, 2023

Ralph Losey. Published April 26, 2023.

Foundation Rule 1, Written as New Poetry, with Chat GPT.

All Inspiration, Prompts and Sane QC by Me, Human Ralph Losey.

In the halls of justice, a tapestry unfolds,

A realm where Rule 1 stands, a tale of wisdom told,

A foundation, a guide, for rules of civil grace,

A prime directive, firm and true, in every single case.

“Scope and Purpose,” a clarion call, resounds throughout the land,

A compass for the court and parties, guiding every hand,

For every action, every proceeding, a constant, steady light,

Rule 1, the keeper of the flame, the guardian of the night.

Construed, administered, employed, a sacred trinity,

By court and parties, side by side, in perfect unity,

A just, a speedy, and inexpensive path to seek,

The determination of each case, where truth and reason speak.

In twenty-fifteen, a change was made, the message to refine,

To emphasize the role of parties, each word a sacred line,

A shared responsibility, a dance of law and fate,

Upon the stage of litigation, the truth to liberate.

The Committee Note, a guiding voice, a testament of time,

A call for cooperation, harmony, and rhyme,

To discourage over-use, misuse, and tools of delay,

A plea for proportional use, the just and righteous way.

For every lawyer, every party, a mission to achieve,

A balance of advocacy, in the justice they believe,

To employ the rules with honor, a cooperative embrace,

In the spirit of Rule 1, a journey to retrace.

No new source of sanctions, this amendment makes it clear,

Nor an abridgment of the rules, no cause for doubt or fear,

A simple call to unity, a partnership profound,

To secure the just, the speedy, and the inexpensive, all around.

Oh, Rule 1, your essence, your purpose, and your scope,

A guiding star, a beacon bright, a lantern of great hope,

Through you, the courts and parties march, as one, with purpose grand,

To secure the just, the speedy, and the inexpensive, hand in hand.

Rule 1 Poetry Reading by a Favorite Ai

Ralph Losey Copyright – All Rights Reserved


The Poetry of e-Discovery – SANCTIONS

April 25, 2023

Ralph Losey. Published April 25, 2023.

Rule 37 (e), Written as New Poetry, with Chat GPT.

All Inspiration, Prompts and QC by Me, Human Ralph Losey.

In courts of justice, where evidence electrons dwell,

A tale of preservation, we now shall tell,

Rule 37(e), a guiding light,

In a digital world, where data takes flight.

Spoliation looms, a shadow cast,

The duty to preserve, from present to past,

For parties engaged in legal dispute,

Electronically stored, the truth we pursue.

But failures arise, as humans we err,

Information lost, a dark specter to bear,

Reasonable steps, a standard to keep,

Yet, restoration and discovery, a challenge so steep.

The court takes the helm, its powers displayed,

In sanctions it wields, a judgment relayed,

Two paths diverge, based on consequence and intent,

A balance, a fairness, judicial temperament.

First, prejudice found, a burden to bear,

Measures imposed, no greater, they swear,

To cure the harm, the scales to align,

A tempered response, judicious design.

Yet, in darker corners, intent may reside,

To deprive others, the truth to hide,

A graver offense, the court must address,

With sanctions befitting, this willful transgress.

Three options emerge, a trio of fates,

Presumptions unfavorable, the court evaluates,

The jury instructed, to weigh the cost,

Of lost information, forever embossed.

Dismissal or default, the harshest decree,

When intent is clear, the court’s remedy,

A stark conclusion, the case to end,

No path to redemption, no chance to mend.

Through Rule 37(e), a story unfolds,

Of preservation and sanctions, a tale often told,

Spoliation confronted, with fairness and care,

A poetic reminder, in a digital world we share.

Rule 37(e) Poem read angrily by one of my favorite, fierce Ais.

Ralph Losey 2023. — All Rights Reserved


AI Recitation of the Poetry of e-Discovery, Rule 37(e)

April 24, 2023

Ralph Losey. Published April 24, 2023.

As Imagined and Engineered by Ralph Losey

Using AI Software by D-iD and ChatGPT

An Angry Reading of Losey’s Rule 37(e) Sanctions Poem

Ralph Losey Copyright 2023 — All Rights Reserved