Litigation

New Additions to the Growing List of State E-Discovery Rules; Arkansas and Kansas Added for the First Time

By reston, Gates and Ellis

Arkansas
Effective January 10, 2008 Arkansas has amended Rule 26 to address inadvertent disclosure.

Rules 26 General Provisions Governing Discovery (See section 26(b)(5))

Iowa
Effective September 1, 2008 the Iowa District Court Trial Scheduling Order was amended to address the discovery of electronically stored information.

Rule 23.5 – Form 2: Trial Scheduling Order

Kansas
Effective July 1, 2008, the Kansas Rules of Civil Procedure were amended to address the discovery of electronically stored information.  The following rules were affected by the amendments:

§ 60-216 Pretrial conferences; Case Management Conference
§ 60-226 General Provisions Governing Discovery
§ 60-233 Interrogatories to Parties
§ 60-234 Production of Documents, Electronically Stored Information and Things and 
                 Entry Upon Land for Inspection and Other Purposes
§ 60-237 Failure to Allow Discovery; Sanctions
§ 60-245 Subpoenas

New York
Queens County Supreme Court, Commercial Division Rules
     See Conferences Rule 5. Consultation among counsel prior conferences.
     Effective November 7, 2005

Onondaga County Supreme Court, Commercial Division Rules
     Form 2: Preliminary Conference Stipulation and Order, Hon. Deborah Karalunas

North Carolina
Effective July 1, 2008 the Rules for Civil Superior Court Judicial District 15B were amended to address the discovery of electronically stored information.

Rule 6. Discovery

For a current list of all states that have enacted special e-discovery rules, see our updated post here.

Full post as published by eDiscovery Law on December 15, 2008 (boomark / email).