Effective January 1, 2009, Louisiana has adopted amendments to several civil rules to specifically address the treatment of electronically stored information.
CCP 1354 Subpoena deuces tecum – was amended to govern the form of electronically stored information produced in response to a subpoena duces tecum and specifically addresses the format of production and production of documents not reasonably accessible, among other things.
CCP 1471 Failure to comply with order compelling discovery; sanctions – was amended to establish that where electronically stored information is lost as the result of a routine, good-faith operation of an electronic information system, a court may not impose sanctions pursuant to this rule.
CCP 1551 Pretrial and scheduling conference; order – was amended to specifically direct consideration of discovery of electronically stored information in the pre-trial order.
For a current list of all states that have enacted special e-discovery rules, see our updated post here.