Electronic Discovery Law

Posted at 9:27 AM on April 14, 2006 by K&L Gates

United States Supreme Court Approves Electronic Discovery Amendments to FRCP

On Wednesday, April 12, 2006, the United States Supreme Court approved, without comment or dissent, the entire package of proposed amendments to the Federal Rules of Civil Procedure concerning the discovery of "electronically stored information." The package includes revisions and additions to Rules 16, 26, 33, 34, 37, and 45, as well as Form 35. The proposed amendments were transmitted to the Supreme Court last September, after the Judicial Conference unanimously approved them.

The new rules and amendments have now been transmitted to Congress and will take effect on December 1, 2006, unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments may be accessed on the U.S. Court's Federal Rulemaking website at: http://www.uscourts.gov/rules/newrules6.html#cv0804.

See United States Order 20.

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Comments (2) Read through and enter the discussion with the form at the end

Sherwin - May 5, 2006 6:32 AM

Effective 12/1/06, but to which cases will the new rules apply? Those yet to be initiated, those initiated but pre-26(f) conference, those already in discovery?

PGE - June 15, 2006 2:34 PM

The new e-discovery rules will apply to all cases filed after December 1, 2006, and to all cases then pending to the extent practicable. Paragraph 3 of the Supreme Court's Order approving the amendments states:

"That the foregoing amendments to the Federal Rules of Civil Procedure and the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions shall take effect on December 1, 2006, and shall govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending."

A link to the Supreme Court's Order No. 20 has been added above.

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