Under Federal Rules of Civil Procedure 16 and 26 and Illinois Supreme Court Rule 218(a)(10), litigants and courts are required to address discovery early in a case, including issues relating to electronic discovery and electronically stored information.As a result, parties sometimes draft written electronic discovery or ESI protocols. The protocol is often entered as a formal order and controls e-discovery in the case.For those unfamiliar with e-discovery, negotiating an ESI protocol with opposing counsel may present …