Electronic Discovery Law

Posted at 1:31 PM on July 7, 2011 by K&L Gates

Connecticut Amends Rules Addressing Electronic Discovery, Effective 2012

On June 20, 2011, the judges of the Superior Court adopted revisions to the Connecticut Practice Book, including many amendments addressing electronic discovery. Most amendments (including those addressing electronic discovery) will become effective on January 1, 2012. Although Connecticut’s rules previously addressed the issue of electronic discovery, the newest amendments provide substantially more instruction. Among the more notable amendments are the addition of Rule 13-5(9) allowing a court to issue a protective order which would allow for cost allocation and other remedies to avoid undue burden, etc. related to the discovery of electronically stored information; revisions to Rule 13-9(d) addressing the format of production; the addition of Rule 13-14(d) which closely, but not exactly, follows Federal Rule 37(f), and provides safe harbor for the loss of information resulting from routine, good faith operations of systems or processes “in the absence of a showing of intentional actions designed to avoid known preservation obligations”; and the addition of Rule 13-33 (Claim of Privilege or Protection After Production) which “provides a procedure for a party to assert a claim of privilege or trial-preparation material protection after information is produced in discovery, and, if the claim is contested, permits any party that received that information to present the matter to the court for resolution.”

All of the amendments to Connecticut’s Practice Book are available here.

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