Current Listing of States That Have Enacted E-Discovery Rules
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.
Alaska
Amendments to the Rules of Civil Procedure 16, 26, 33, 34, 37, and 45
Effective April 15, 2009
Arizona
Amendments to Rules of Civil Procedure 16, 16.3, 26, 26.1, 26.2, 33, 34, 37 and 45
Effective January 1, 2008
Amendments to Arizona Rules of Family Law Procedure
Ariz. R. Family Law P. 49 Disclosure
Ariz. R. Family Law P. 51 Discovery
Ariz. R. Family Law P. 52 Subpoena
Ariz. R. Family Law P. 62 Production of Documents and Things and Entry
Upon Land for Inspection and Other Purposes
Ariz. R. Family Law P. 65 Failure to Make Disclosure or Discovery; Sanctions
Effective January 1, 2009
Ariz. R. Evid. 502
Effective January 1, 2010
Arkansas
Rules 26 General Provisions Governing Discovery (See section 26(b)(5))
Effective January 10, 2008
Arkansas Rule of Evidence 502. Lawyer Client Privilege
Effective January 10, 2008
Ark. R. Civ. P. 26.1 Electronic Discovery
Effective Oct. 1, 2009
California
Electronic Discovery Act
Effective June 29, 2009
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 (see subsection (d), at p. 192 of 259-page .pdf document)
Effective January 1, 2006
Florida
1.201 Complex Litigation
Idaho
Idaho R. Civ. P. 33
Idaho R. Civ. P. 34
Effective July 1, 2006
Idaho R. Civ. P. 45
Effective July 1, 2009
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
Effective May 1, 2008
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
Amendments to Rules of Civil Procedure:
Iowa R. Civ. P. 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
Kansas
Amendments to the Rules of Civil Procedure:
§ 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
CCP 1462 - Production of documents and things; entry upon land; procedure
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
Maine
Amendments to Rules of Civil Procedure 16, 26, 33, 34, 37
Corrections to amendments to rules 34 and 37
Effective August 1, 2008
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
Michigan
2.302 General Rules Governing Discovery
2.310 Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes
2.313 Failure to Provide or Permit Discovery; Sanctions
2.401 Pretrial Procedures; Conferences Scheduling Orders
2.506 Subpoena; Order to Attend
Effective January 1, 2009
Minnesota
Amendments to Rules of Civil Procedure 16, 26, 33, 34, 37, 45
Effective July 1, 2007
Amendment to Minn. R. Civ. P. 26.02 Discovery, Scope and Limits
Effective May 28, 2008
Mississippi
Miss. R. Civ. P. 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
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
Neb. Ct. R. of Discovery § 6-333 Interrogatories to parties
Neb. Ct. R. of Discovery § 6-334 Production of documents, electronically stored
information, and things and entry upon land
for inspection and other purposes
Neb. Ct. R. of Discovery § 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
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 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
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
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
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 Supreme Court Rules N.D.R. Civ. P. 16, 26, 33, 34, 37, 45 and Form 20
Effective March 1, 2008
Ohio
Amendments to Rules of Civil Procedure 16, 26, 33, 34, 37, and 45
Effective July 1, 2008
Tennessee
Amendments to Rules of Civil Procedure:
16.01 Scheduling and Planning Conferences and Orders
26.02(1) Discovery Scope and Limits – In General
26.02(5) Claims of Privilege or Protection of Trial Preparation Materials
26.06 Discovery Conference
33.03 Interrogatories to Parties – Option to Produce Business Records
34.01 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes – Scope
34.02 Production of Documents and Things and Entry Upon land for Inspection and Other Purposes – Procedure
37.06 Failure to Make or Cooperate in Discovery: Sanctions – Electronically Stored Information
45.02 Subpoena – For Production of Documentary Evidence
45.04 Subpoena for Depositions – Place of Deposition
45.07 Protection of Persons Subject to Subpoena
45.08 Duties in Responding to Subpoena
Effective July 1, 2009
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
Vermont
Amendments to Rules of Civil Procedure:
Vt. R. Civ. P. 16.2 Scheduling Orders
Vt. R. Civ. P. 26 General Provisions Governing Discovery
Vt. R. Civ. P. 33 Interrogatories to Parties
Vt. R. Civ. P. 34 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Vt. R. Civ. P. 37 Failure to Make Discovery: Sanctions
Vt. R. Civ. P. 45 Subpoena
Effective July 6, 2009
Virginia
Amendments to the Rules of Civil Procedure 4:1, 4:4, 4:8, 4:9, 4:9A, and 4:13
Effective January 1, 2009
Wyoming
Wyo. R. Civ. P. 26 General Rules Governing Discovery; Duty of Disclosure
Wyo. R. Civ. P. 33 Interrogatories to Parties
Wyo. R. Civ. P. 34 Production of Documents, Electronically Stored Information, and
Things and Entry Upon Land for Inspection and Other Purposes
Wyo. R. Civ. P. 37 Failure to Make Disclosures or Cooperate in Discovery; Sanctions
Effective July 1, 2008
Wyo. R. Civ. P. 45 Subpoena
Effective Oct. 1, 2009
We will post additional state e-discovery rules as they are enacted.
This is an excellent list of state laws and court rules.
NCSL is presenting a session on e-discovery for legislative attorneys at our Legislative Summit this month. May I have permission to reprint the printable version of this list (with attribution, of course)