Current Listing of States That Have Enacted E-Discovery Rules

[Administrator]

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.

Alabama
Rule 16 Pre-trial conferences; scheduling; management.
Rule 26 General provisions governing discovery.
Rule 33 Interrogatories to parties.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes.
Rule 37 Failure to make discovery: Sanctions.
Rule 45 Subpoena.
Form 51A
Effective Feb. 1, 2010

Alaska
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Provisions Governing Discovery; Duty of Disclosure
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Information, and Things, and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosure or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Effective April 15, 2009

Arizona
Rules of Civil Procedure for the Superior Courts of Arizona
Rule 16(b) Scheduling and Subjects to Be Discussed at Comprehensive Pretrial
Conference in Non-Medical Malpractice Cases
Rule 16(c) Scheduling and Subjects to Be Discussed at Comprehensive Pretrial
Conference In Medical Malpractice Cases
Rule 16.3 Initial Case Management Conference in Cases Assigned to the Complex
Civil Litigation Program
Rule 26 (b) Discovery Scope and Limits
Rule 26.1 Prompt Disclosure of Information
Rule 26.2 Exchange of Records and Discovery Limitations in Medical Malpractice
Cases
Rule 33 Uniform and Non-uniform Interrogatories; Limitations; Procedure
Rule 34 Production of documents, electronically stored information, and things and
entry upon land for inspection and other purposes
34(a) Scope
34(b) Procedure and Limitations
Rule 37(g) Electronically stored information
Rule 45 Subpoena

Rules of Family Law Procedure
Rule 49 Disclosure
Rule 51 Discovery
Rule 52 Subpoena
Rule 62 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Rule 65 Failure to Make Disclosure or Discovery; Sanctions
Effective January 1, 2009

Ariz. R. Evid. 502
Effective January 1, 2010

Arkansas
Rule 26 General Provisions Governing Discovery (See section 26(b)(5))
Effective January 10, 2008

Ark. R. Evid. 502. Lawyer Client Privilege
Effective January 10, 2008

Rule 26.1 Electronic Discovery
Effective Oct. 1, 2009

California
California Code of Civil Procedure
Title 4. Civil Discovery Act
Chapter 1. General Provisions

Chapter 14. Inspection and Production of Documents, Tangible Things, Land, and Other
Property
Article 1. Inspection Demand
Article 2. Response to Inspection Demand

Chapter 12. Discovery in Action Pending Outside California
Article 1. Interstate and International Depositions and Discovery Act

Title 3. Of the Production of Evidence
Chapter 1. Means of Production

Rule 3.724 Duty to meet and confer
As Amended, Effective Aug. 14, 2009

Connecticut
Connecticut Practice Book, Superior Court – Procedures in Civil Matters
Sec. 13-9. Requests for Production, Inspection and Examination; In General
Effective January 1, 2006

Delaware
Superior Court – Complex Commercial Litigation Division
E-Discovery Plan Guidelines

Court of Chancery
Court of Chancery Guidelines for Preservation of Electronically Stored Information

Florida
Rule 1.201 Complex Litigation

Idaho
Rule 33 Interrogatories to parties -- Availability -- Procedures for use.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes -- Scope
Effective July 1, 2006

Rule 45 Subpoena -- For attendance of witnesses -- Issuance.
Effective July 1, 2009

Illinois
Rule 201 General Discovery Provisions
Rule 214 Discovery of Documents, Objects, and Tangible Things – Inspection of Real Estate
Effective January 1, 1996

Indiana
Indiana Rules of Trial Procedure
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

Iowa
Iowa Rules of Civil Procedure
Rule 1.503 Scope of Discovery
Rule 1.504 Protective Orders
Rule 1.507 Discovery Conference
Rule 1.509 Interrogatories to Parties
Rule 1.517 Consequences of failure to make discovery
Rule 1.602 Pretrial conferences; scheduling; management
Effective May 1, 2008

Rule 1.1701 Subpoena
Form 13 Subpoena Form to Testify at Deposition or Produce Documents
Form 14 Subpoena Form to Testify at Hearing or Trial
Form 15 Subpoena From to Produce Documents or Permit Inspection
Effective Oct. 9, 2009

Iowa District Court Trial Scheduling Order
Rule 23.5 – Form 2: Trial Scheduling Order
Effective September 1, 2008

Iowa Rule of Evidence 5.502
Effective June 1, 2009

Kansas
Amendments to the Rules of Civil Procedure (Chapter 60: Procedure, Civil)
§ 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
Effective July 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
Approved June 25, 2007

CCP 1354 - Subpoena deuces tecum
CCP 1471 - Failure to comply with order compelling discovery; sanctions
CCP 1551 - Pretrial and scheduling conference; order
Effective January 1, 2009

CCP 1462 - Production of documents and things; entry upon land; procedure
Effective January 1, 2011

Maine
Rule 16 Pretrial Procedure in the Superior Court
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Discovery: Sanctions
Effective August 1, 2008

Rule 26 General Provisions Governing Discovery
Effective January 2009

Maryland
Maryland Rules of Civil Procedure – Circuit Court
Rule 2-402 Scope of discovery.
Rule 2-421 Interrogatories to parties.
Rule 2-422 Discovery of documents, electronically stored information, and property.
Rule 2-433 Sanctions
Rule 2-504 Scheduling order.
Rule 2-504.1 Scheduling conference.
Rule 2-510 Subpoenas
Effective January 1, 2008

Michigan
Rule 2.302 General Rules Governing Discovery
Rule 2.310 Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes
Rule 2.313 Failure to Provide or Permit Discovery; Sanctions
Rule 2.401 Pretrial Procedures; Conferences Scheduling Orders
Rule 2.506 Subpoena; Order to Attend
Effective January 1, 2009

Minnesota
Minnesota Rules of Civil Procedure
Rule 16. Pretrial Conference; Scheduling; Management
Rule 26. General Provisions Governing Discovery
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37. Failure to Make Discovery or Cooperate in Discovery: Sanctions
Rule 45. Subpoena

Mississippi
Rule 26(b)(5)
Effective May 29, 2003

Missouri
Rules of the Court of the Twenty-fifth Judicial Circuit (Maries, Phelps, Pulaski and Texas Counties)
Rule 32.3 Electronic Discovery

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

Nebraska
§ 6-333 Interrogatories to parties
§ 6-334 Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes
§ 6-334A Discovery from a non-party without a deposition
Effective July 18, 2008

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

Superior Court PAD Pilot Rules – Proportional Discovery/ Automatic Disclosure Pilot Project for Carroll and Strafford County Superior Courts
See PR 5. Discovery of Electronically Stored Information (ESI)
Effective October 1, 2010

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

Part VII – Rules Governing Practice in Municipal Courts
Rule 7:7 Pretrial Procedures (See subsection 7:7-8 Subpoenas)

New Mexico
Rule 1-016 Pretrial conferences; scheduling; management.
Rule 1-026 General provisions governing discovery.
Rule 1-033 Interrogatories to parties.
Rule 1-034 Production of documents and things and entry upon land for inspection and other purposes.
Effective May 15, 2009

Rule 1.045 Subpoena.
Rule 1.045.1 Interstate subpoenas.
Effective August 7, 2009

New York
CPLR § 3119 Uniform interstate depositions and discovery

Uniform Civil Rules of the Supreme and County Courts, § 202.70 Commercial Division of the Supreme Court
See Rule 1. Appearance by Counsel with Knowledge and Authority.
See Rule 8. Consultation prior to Preliminary and Compliance Conferences.

Uniform Civil Rules for the Supreme Court and the County Court
Amendment to Section 202.12 Preliminary conference (subsection (c))

Nassau County Supreme Court, Commercial Division Rules
Guidelines for Discovery of Electronically Stored Information (“ESI”)
Form: Preliminary Conference Stipulation and Order

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

Queens County Supreme Court, Commercial Division Rules
See Conferences Rule 5. Consultation among counsel prior conferences

Suffolk County Supreme Court, Commercial Division Rules
Form: Preliminary Conference Stipulation and Order, Hon. Elizabeth H. Emerson

Westchester County Supreme Court, Commercial Division Rules
Form 1: Preliminary Conference Order – Commercial Case, Hon. Alan Scheinkman

North Carolina
Rules of Civil Procedure
Rule 16. Pre-trial procedure; formulating issues.
Rule 26. General provisions governing discovery
Rule 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes.
Rule 37. Failure to make discovery; sanctions.
Rule 45. Subpoena.
Effective October 1, 2011

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

Rules for Superior Court Judicial District 15B
Rule 6. Discovery
Effective July 1, 2008

North Dakota
North Dakota Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management.
Rule 26 General Provisions Governing Discovery.
Rule 33 Interrogatories to Parties.
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection
and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery; -- Sanctions.
Rule 45 Subpoena.

Ohio
Ohio Rules of Civil Procedure
Rule 16 Pretrial Procedure
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena

Oklahoma
Rule 5. Pretrial Proceedings
Effective February 9, 2010

Chapter 39. Oklahoma Pleading Code
Section 2004.1 – Subpoena

Chapter 40. Oklahoma Evidence Code
Section 2502 – Attorney-Client Privilege
Effective Nov. 1, 2009

Chapter 41. Discovery Code.
Section 3226 – General Provisions Governing Discovery
Section 3233 – Interrogatories to Parties
Section 3234 – Production of Documents and Things and Entry upon Land for Inspection and Other Purposes
Section 3237 – Failure to Make or Cooperation in Discovery – Sanctions
Effective November 1, 2010

South Carolina
Rule 16 Pre-Trial Procedure: Formulating Issues
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena

Tennessee
Rule 16 Scheduling and Planning, Pretrial, and Final Pretrial Conferences and Orders
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Rule Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Effective July 1, 2009

Rule 502 Limitations on Waiver of Privileged Information or Work Product
Effective July 1, 2010

Texas
TRCP 196.4 Electronic or Magnetic Data
Effective January 1, 1999

Utah
Rule 33. Interrogatories to parties
Rule 34. Production of documents and things and entry upon land for inspection and other purposes
Rule 37. Failure to make or cooperate in discovery; sanctions
Effective November 1, 2007

Rule 26 General Provisions Governing Discovery
Effective November 2008

Rule 45 Subpoena
Effective April 1, 2009

Vermont
Amendments to Rules of Civil Procedure:
Rule 16.2 Scheduling Orders
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena
Effective July 6, 2009

Virginia
Rules of Supreme Court of Virginia – Part Four – Pretrial Procedures, Depositions and Production at Trial
Rule 4:4 Stipulations Regarding Discovery
Rule 4:8 Interrogatories to Parties
Rule 4:9 Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land for Inspection and Other Purposes; Production at Trial.
Rule 4:9A Production from Non-Parties of Documents, Electronically Stored Information, and
Things and Entry on Land for Inspection and Other Purposes; Production at Trial
Rule 4:13 Pretrial Procedure; Formulating Issues
Effective January 1, 2009

Rule 4:1 General Provisions Governing Discovery
Effective May 3, 2010

Washington
ER 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Effective September 1, 2010

Wisconsin
Chapter 802 Civil Procedure – Pleadings, Motions and Pretrial Practice
§ 802.10 Calendar practice.

Chapter 804 Civil Procedure – Depositions and Discovery
§ 804.01 General provisions governing discovery.
§ 804.08 Interrogatories to parties.
§ 804.09 Production of documents and things and entry upon land for inspection and other purposes
§ 804.12 Failure to make discovery; sanctions.

Chapter 805 Civil Procedure - Trials
§ 805.07 Subpoena

Wyoming
Wyoming Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Rules Governing Discovery, Duty of Disclosure
Effective July 1, 2010

Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or Cooperate in Discovery; Sanctions
Effective July 1, 2008

Rule 45 Subpoena
Effective Oct. 1, 2009

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



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