Electronic Discovery Law Firm : K&L Gates : Electronic Discovery Law

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At least 41 United States District Courts now require compliance with special local rules, forms or guidelines addressing the discovery of electronically stored information.  In some districts where there are no local rules or court-mandated forms, individual judges have created their own forms or set out their own preferred protocols for e-discovery.  Here is current collection of United States District Court local rules, standards, guidelines and judge-mandated forms and protocols that specifically address e-discovery issues, with links to the relevant materials.

Eastern and Western Districts of Arkansas
Local Rule 26.1 Outline for Fed. R. Civ. P. 26(f) Report

District of Alaska
Local Form 26(f):  Scheduling and Planning Conference Report (see item 4(B))
Local Rule 16.1 Pre-Trial Procedures (requiring use of Local Form 26(f) or one substantially similar)

District of Arizona
Order Setting Rule 16 Case Management Conference (Magistrate Judge Michelle H. Burns)
Order Setting Rule 16 Case Management Conference (District Judge David G. Campbell)
Order Setting Rule 16 Case Management Conference (Magistrate Judge David K. Duncan)
Order Setting Rule 16 Case Management Conference (District Judge Mary H. Murguia)

Northern District of California
Standing Order For All Judges Of The Northern District Of California: Contents Of Joint Case Management Statement (see item 6)
Local Rule 16-9 Case Management Statement and Proposed Order (requiring parties' Joint Case Management Statement to include all topics listed in Standing Order)

District of Colorado
Appendix F: Instructions for Preparation of Scheduling Order and Form Scheduling Order
Stipulated Scheduling and Discovery Order for Cases Assigned to Judge Kane
Senior District Judge Richard P. Matsch’s Instructions for Scheduling Conference

District of Connecticut
Local Rules 16(b), 26, 37 and Form 26(F)

District of Delaware
Default Standards for Discovery of Electronic Documents

Middle District of Florida
Civil Discovery Practice Handbook (see Part VII “Technology”)

Southern District of Florida
Rule 16.1 Pretrial Procedure in Civil Actions
Rule 26.1 Discovery and Discovery Material (Civil)
Appendix A:  Discovery Practices Handbook (see Part III, in particular)

Southern District of Georgia
Rule 26(f) Report

Central District of Illinois
Magistrate Judge Byron G. Cudmore's Rule 16 Scheduling Order
Magistrate Judge David G. Bernthal’s Suggested Form for Proposed Discovery Plan (Urbana Division)

Northern District of Illinois
Judge Virginia Kendall’s Case Management Procedures, Discovery
Magistrate Judge P. Michael Mahoney’s Suggested Case Management Order

Northern District of Indiana
Report of Parties' Planning Meeting

Southern District of Indiana
Uniform Case Management Plan (see Part III(K))
Rule 16.1 Pretrial Procedures (requiring use of Uniform Case Management Plan)

Northern and Southern Districts of Iowa
Scheduling Order and Discovery Plan
Instructions and Worksheet for Preparation of Scheduling Order and Discovery Plan and Order Requiring Submission of Same
Local Rule 16.1 Scheduling Order and Discovery Plan (requiring use of form)
Local Rule 26.1 Pretrial Discovery and Disclosures (requirement to submit discovery plan satisfied by submission of form Scheduling Order and Discovery Plan)

District of Kansas
Guidelines for Discovery of Electronically Stored Information
Initial Order Regarding Planning and Scheduling

District of Maryland
Suggested Protocol for Discovery of Electronically Stored Information

District of Massachusetts
Notice of Scheduling Conference (District Judge Richard G. Stearns) (Boston)

Eastern District of Missouri
Local Rule 3.01. Federal Rule of Civil Procedure 26

District of Nebraska
Report of Parties' Rule 26(f) Planning Conference

District of New Hampshire
Local Rule 26.1 Discovery Plan
Civil Form 2:  Sample Discovery Plan

District of New Jersey
Local Rule 26.1 Discovery (see subpart (d))

Southern District of New York
Individual Practices of District Judge Harold Baer, Jr. (see Item 3)
Proposed Pretrial Scheduling Order (District Judge Harold Baer, Jr.)
District Judge Colleen McMahon’s Rules Governing Electronic Discovery
Civil Case Management Plan (District Judge Colleen McMahon)
Order to Prepare Civil Case Management Plan (all civil cases assigned to
the WP4 docket)

Western District of North Carolina
Local Civil Rule 16.1 Pretrial Conferences (see subpart (G) Initial Pretrial Conference)
Standing Order on Protocol for Discovery of Electronically Stored Information in Civil Cases before the Honorable Frank D. Whitney
Initial Scheduling Order (District Judge Frank D. Whitney)
Certification and Report of F.R.C.P. 26(f) Conference and Proposed Discovery Plan (District Judge Frank D. Whitney)

Northern District of Ohio
Local Rules, Appendix K: Default Standards for Discovery of Electronically Stored Information (“E-Discovery”)
Rule 16.3 Track Assignment and Case Management Conference
Case Management Conference Scheduling Order (District Judge Dan Aaron Polster)
Case Management Conference Notice (District Judge Jack Zouhary)
Case Management Conference Order (District Judge Jack Zouhary)

Southern District of Ohio
Rule 26(f) Report of Parties (Western Division at Dayton)
Joint Discovery Plan (Western Division) (District Judge Susan J. Dlott)
Rule 26(f) Report of the Parties (Eastern Division)

Eastern District of Pennsylvania
Report of Rule 26(f) Meeting
Pretrial Scheduling/Status Conference Report (Senior District Judge Norma L. Shapiro)
Standard Management Track; Order (Senior District Judge Norma L. Shapiro)
Order Governing Electronic Discovery (District Judge Timothy J. Savage)
District Judge Timothy J. Savage’s Scheduling and Motion Policies and Procedures

Middle District of Pennsylvania
Local Rule 26.1 Duty to Investigate and Disclose

Western District of Pennsylvania
Local Rule 16.1.1 Scheduling and Pretrial Conferences - Generally (see item (B), requiring use of Appendix B form)
Appendix B:  Fed. R. Civ. P. 26(f) Report of the Parties (see item 11)

Eastern District of Tennessee
Form Scheduling Order (Knoxville) (Senior District Judge Leon Jordan) (see Item 4(d))
Form Scheduling Order (Knoxville) (District Judge Thomas A. Varlan) (see Item 4(d))
Form Scheduling Order (Chattanooga) (Magistrate Judge Susan K. Lee) (see Item 5(a))

Middle District of Tennessee
Administrative Order No. 74: Default Standard for Discovery of Electronically Stored Information (“E-Discovery”)
Sample Initial Case Management Order (District Judge Aleta A. Trauger) (see Item L) 

Western District of Tennessee
Form Scheduling Order (Western Division) (Magistrate Judge Diane K. Vescovo)

Eastern District of Texas
Notice of Scheduling Conference, Proposed Discovery Order, and Proposed Dates for Docket Control Order (Magistrate Judge John D. Love) (see item 2(A))

Northern District of Texas
Miscellaneous Order No. 62 (Dallas Division, Patent Cases) (see item 2.1(a)(2))

Southern District of Texas
Local Rules of Practice for Patent Cases (Corpus Christi Division) (see Rule 2-1(a)(2))
Court Procedures of District Judge Nancy F. Atlas (see Item 6(C)(5) and Joint Discovery/Case Management Plan)
Court Procedures of District Judge Lee H. Rosenthal (see Joint Discovery/Case Management Plan)

District of Utah
Attorney’s Planning Meeting Report
Form 35: Report of Parties’ Planning Meeting Pursuant to Fed. R. Civ. P. 26(f) (United States Bankruptcy Court for the District of Utah)

District of Vermont
Local Rule 26.1 Discovery
Local Form Rule 26.1(b): Stipulated Discovery Schedule/Order

Southern District of West Virginia
Report of Parties’ Planning Meeting 
Local Rule 16.1 Scheduling Conferences (requiring use of court’s form)

District of Wyoming
Local Rule 26.1 Discovery and Appendix D:  Rule 26 Conference Checklist (see subpart (e) of local rule)

For more information on the local rules of United States District Courts, click here to see a page with links to all the District Courts’ web pages.