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.
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