Litigation

Current Listing of States That Have Enacted E-Discovery Rules

By reston, Gates and Ellis

More and more states are adopting statutes and court rules addressing the discovery of electronically stored information.  Here is a current list with links to the relevant provisions.

Arizona
Amendments to Rules of Civil Procedure 16, 26, 26.1, 33, 34, 37 and 45
Effective January 1, 2008

Connecticut
Connecticut Practice Book, Superior Court – Procedures in Civil Matters
Sec. 13-9. Requests for Production, Inspection and Examination; In General (see subsection (d), at p. 192 of 259-page .pdf document)
Effective January 1, 2006

Idaho
Idaho R. Civ. P. 34
Effective July 1, 2006
 

Illinois
Illinois Supreme Court Rules 201(b)(1) and 214
Effective January 1, 1996

Indiana
Amendments to Rules of Trial Procedure 26, 34 and 37
Rule 26.  General provisions governing discovery
Rule 34.  Production of documents, electronically stored information, etc. 
Rule 37.  Failure to make or cooperate in discovery; Sanctions 
Effective January 1, 2008 

Iowa
Amendments to Rules of Civil Procedure 1.503, 1.504, 1.507, 1.509, 1.512, 1.517, 1.602 and 1.1701
Effective May 1, 2008

Louisiana
CCP 1424 - Scope of discovery; trial preparation; materials
CCP 1460 - Option to produce business records
CCP 1461 - Production of documents and things; entry upon land; scope
CCP 1462 - Production of documents and things; entry upon land; procedure
Approved June 25, 2007

Maryland
Amendments to Rules 2-402, 2-421, 2-422, 2-424, 2-433, 2-504, 2-504.1, and 2-510
Effective January 1, 2008

Minnesota
Amendments to Rules of Civil Procedure 16, 26, 33, 34, 37, 45
Effective July 1, 2007

Mississippi
Miss. R. Civ. P. 26(b)(5)
Effective May 29, 2003

Montana
Mont. R. Civ. P. 16(b). Scheduling and planning
Mont. R. Civ. P. 26(b). Discovery scope and limits
Mont. R. Civ. P. 26(f). Discovery conference
Mont. R. Civ. P. 33(c). Option to produce business records
Mont. R. Civ. P. 34(a). Scope
Mont. R. Civ. P. 34(b). Procedure
Mont. R. Civ. P. 37(e). Electronically stored information
Mont. R. Civ. P. 45(a). Form – issuance
Mont. R. Civ. P. 45(c). Protection of persons subject to or affected by subpoenas
Mont. R. Civ. P. 45(d). Duties in responding to subpoena
Effective February 28, 2007

Nebraska
Amendments to Neb. Ct. R. of Discovery, 33, 34, and 34A
Effective June 18, 2008

New Hampshire
Superior Court Rule 62. (I) Initial Structuring Conference (see subsection (C)(4))
Effective March 1, 2007

New Jersey
Part IV – Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate’s Courts
Rule 1:9. Subpoenas
Rule 4:5B. Case Management; Conferences
Rule 4:10. Pretrial Discovery
Rule 4:17. Interrogatories to Parties
Rule 4:18. Discovery and Inspection of Documents and Property; Copies of Documents
Rule 4:23. Failure to Make Discovery; Sanctions
Effective September 1, 2006

New York
Uniform Civil Rules of the Supreme and County Courts, § 202.70 Commercial Division of the Supreme Court
See Rule 8.  Consultation prior to Preliminary and Compliance Conferences
Effective January 17, 2006

North Carolina
Local Rules of North Carolina Business Court
See Rule 17.1 – Case Management Meeting
See Rule 18.6 – Conference of Attorneys with Respect to Motions and Objections Relating to Discovery
Effective July 31, 2006

Ohio
Amendments to Rules of Civil Procedure 16, 26, 33, 34, 37, and 45
Effective July 1, 2008

Texas
Tex. R. Civ. P. 196.4 Electronic or Magnetic Data
Effective January 1, 1999

Utah
Utah R. Civ. P. 26. General provisions governing discovery
Utah R. Civ. P. 33. Interrogatories to parties
Utah R. Civ. P. 34. Production of documents and things and entry upon land for inspection and other purposes
Utah R. Civ. P. 37. Failure to make or cooperate in discovery; sanctions
Utah R. Civ. P. 45. Subpoena
Effective November 1, 2007 

We will post additional state e-discovery rules as they are enacted.

Full post as published by eDiscovery Law on October 10, 2008 (boomark / email).