Can You Recover Costs for E-Discovery Services as an Expense of Litigation

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An article by Michael Palumbo posted on the jsslaw.com website of the law firm Jennings Strouss.

The article discusses whether eDiscovery costs are recoverable as a taxation against the losing party in litigation.

The article provides commentary on several cases that examine the issue of cost recovery of eDiscovery expenses.

The article states in conclusion, "In conclusion, the take away point, at least for cases that are litigated under the Arizona cost recovery statute, is that without an agreement that the prevailing party will be entitled to recover the costs of services provided by e-discovery consultants, expenses for such services are not likely to be recoverable. Similarly, for cases litigated under federal rules and statutes, an agreement pursuant to Rule 26, Federal Rules of Civil Procedure, will be necessary to recover for the services of e-discovery consultants."