Electronic Discovery Law

Posted at 2:08 PM on June 19, 2008 by K&L Gates

Iowa, Maryland and Nebraska Join States with Special E-Discovery Court Rules

Nebraska
On June 4, 2008, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. of Discovery, 33, 34, and 34A that address the discovery of electronically stored information. The amended rules are available here, and went into effect June 18, 2008.

Iowa
On February 14, 2008, the Supreme Court of Iowa approved proposed amendments to the Iowa Rules of Civil Procedure addressing e-discovery. The amendments, which took effect May 1, 2008, are available here and include changes to the following rules:

Rule 1.503 Scope of Discovery
Rule 1.504 Protective Orders
Rule 1.507 Discovery Conference
Rule 1.509 Interrogatories
Rule 1.512 Production of documents, electronically stored information and things
Rule 1.517 Consequences of failure to make discovery
Rule 1.602 Pretrial conferences; scheduling; management
Rule 1.1701 (Subpoena) Specific provisions

Maryland
On December 4, 2007, the Maryland Court of Appeals approved proposed amendments to Rules 2-402, 2-421, 2-422, 2-424, 2-433, 2-504, 2-504.1, and 2-510 relating to the discovery of electronically stored information. The order approving the amendments is available here. Maryland’s e-discovery amendments apply to all actions commenced on or after January 1, 2008, and insofar as practicable, to all actions then pending.

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

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