In United States v. Board of County Commissioners of the County of Dona Ana, New Mexico, 2009 U.S. Dist. LEXIS 65540 (D.N.M. July 27, 2009), U.S. District Court Judge James O. Browning overruled the defendant's objections to producing electronic data. 

Defendant contended that the United States' request was unduly burdensome, but failed to specify how or why.  The court overruled the objections but gave defendants time to demonstrate how it can comply with the request for electronic information and at what cost.  If compliance is truly burdensome then defendant can re-approach the court with a more detailed foundation.  The court suggested that defendants produce affidavits from computer experts on the nature and costs that would be associated with producing electronic information.