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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues

Many United States District Courts now require compliance with special local rules, forms or guidelines addressing the discovery of electronically stored information.  Below is a collection of those local rules, forms and guidelines, with links to the relevant materials.  Please note also that many individual judges and magistrate judges have created their own forms or have crafted their own preferred protocols for e-discovery.  These are generally available on the website of the individual judge or magistrate judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.

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

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

Northern District of California
Guidelines for the Discovery of Electronically Stored Information
ESI Checklist for use during the Rule 26(f) meet and confer process
Model Stipulated Order Re: the Discovery of Electronically Stored Information
Standing Order for All Judges of the Northern District of California

Joint Case Management Statement & [Proposed] Order (Updated May 2013)

Guidelines for Electronic Discovery in Criminal Cases
   Electronic Discovery Protocol (“Recommendations for ESI Discovery Production in Federal Criminal Cases”)
   Electronic Discovery Suggested Practices (“Suggested Practices Regarding Discovery in Complex Cases”)
   Recommended E-Discovery Practices (“Recommended E-Discovery Practices for Federal Criminal Justice Act Cases”)
   Initial Discovery and 3rd Party Assessment Checklist

E-Discovery (ESI) Guidelines (Court’s e-Discovery page)

Southern District of California
Local Rules (Scroll down to Local Patent Rules)
2.1 Governing Procedure
2.6 Model Order for Electronically Stored Information (“ESI”)

Model Order Governing Discovery of Electronically Stored Information in Patent Cases

District of Colorado
Civil Case Scheduling Order

Scheduling Order in a Patent Case

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

District of Delaware
Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”)
Default Standard for Access to Source Code

United States Bankruptcy Court, District of Delaware
Del. Bankr. L.R. 7026-3 Discovery of Electronic Documents “(E-Discovery)”

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

Southern District of Florida
United States District Court for the S.D. Florida, Local Rules
Rule 16.1 Pretrial Procedure in Civil Actions
Rule 26.1 Discovery and Discovery Material (Civil)
Appendix A: Discovery Practices Handbook
Appendix B. Standard Form Interrogatories

Northern District of Georgia
LR 16.2 Joint Preliminary Report and Discovery Plan

Appendix B: Documents Associated with Civil Cases Pending in the United States District Court Northern District of Georgia 

Southern District of Georgia
Rule 26(f) Report

United States Bankruptcy Court, District of Hawaii
LBR 1004-1. Rule 2004 Examinations

D. Idaho
Rule 16.1 Scheduling Conference, Voluntary Case Management Conference (VCM) and Litigation Plans (Choose “District (01/09/13″)
(Effective Jan. 9, 2013)

Northern District of Illinois 
Local Patent Rules for Electronically Stored Information

Northern District of Indiana
Report of Parties’ Planning Meeting

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

Case Management Plans
Uniform Case Management Plan for Civil Cases
ESI Supplement to Report of the Parties’ Planning Meeting

Uniform Patent Case Management Plans (Patents)
Phase I (Pre-Markman Ruling)
ESI Supplement to Report of the Parties Planning Meeting

Phase II (Post-Markman Ruling)

Track 3 Patent Management Plan
ESI Supplement to Report of the Parties’ Planning Meeting

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 (scroll to Civil Forms)

District of Maryland
Suggested Protocol for Discovery of Electronically Stored Information

Local Rules
Rule 802 Scheduling Conference
Stipulated Order Regarding Confidentiality of Discovery Material and Inadvertent Disclosure of Privileged Material
Appendix A: Discovery Guidelines of the United States District Court for the District of Maryland

United States Bankruptcy Court, District of Maryland
Appendix C: Discovery Guidelines of the United States District for the District of Maryland

District of Massachusetts
Local Rule 16.6 Scheduling and Procedures in Patent Infringement Cases

District of Minnesota
Local Rules of Civil Procedure
Form 3 Rule 26(f) Report
Form 4 Rule 26(f) Report (Patent Cases)

Northern and Southern Districts of Mississippi
Local Uniform Civil Rules
Rule 26 Discovery Control
Rule 45 Subpoena
Case Management Order

Eastern District of Missouri
Rule 26-3.01 Federal Rule of CIvil Procedure 26

District of Nebraska
Form 35:  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))

Joint Proposed Discovery Plan

Eastern District of New York
Local Rule 26.3 Uniform Definitions in Discovery Requests

Northern District of New York
General Order 25 (see subsection G of Case Management Plan form)

Southern District of New York
Local Rule 26.3 Uniform Definitions in Discovery Requests

Standing Order (In re: Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York [see in particular, Exhibit B: Joint Electronic Submission and Proposed Order])

Western District of New York
Rule 16 Alternative Dispute Resolution and Pretrial Conferences
Rule 26 General Rules Governing Discovery

Local Patent Rules
Rule 2. General Provisions
[Model] Order Regarding e-Discovery in Patent Cases

Western District of North Carolina
Local Civil Rule 16.1 Pretrial Conferences (see subpart (G) Initial Pretrial Conference)

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

Local Patent Rules
Appendix A: Stipulated Protective Order
Appendix B: Report of Parties’ Planning Meeting in Patent Cases

Southern District of Ohio
Rule 26(f) Report of Parties (Western Division at Dayton)
Rule 26(f) Report of the Parties (Eastern Division)

General Order No. 12-01. Pretrial and Trial Procedures [Dayton]

Northern District of Oklahoma
Guidelines for Discovery of Electronically Stored Information

Western District of Oklahoma
Appendix II, Form: Joint Status Report and Discovery Plan (Choose “Civil and Criminal, scroll to relevant Appendix [p. 71])

LCrR 16.1 Discovery Conference
Best Practices for Electronic Discovery of Documentary Materials in Criminal Cases

District of Oregon
LR 26-6 E-Discovery in Patent Cases
Model Order Regarding E-Discovery in Patent Cases

Eastern District of Pennsylvania
Report of Rule 26(f) Meeting

Middle District of Pennsylvania
26.1 Duty to Investigate and Disclose
Appendix A Joint Case Management Plan

Western District of Pennsylvania
Local Rules of Court (See Local Civil Rules)
Local Rule 16.1 Pretrial Procedures
Local Rule 26.2 Discovery of Electronically Stored Information
Local Rule 34 Serving and Responding to Requests for Production in Electronic Form
Appendix 16.1A: 26(f) Report of the Parties
Appendix 23.E: 26(f) Joint Report of the Parties (Class Action)

U.S. Bankruptcy Court for the Western District of Pennsylvania
Local Rules of the U.S. Bankruptcy Court for the Western District of Pennsylvania
7026-1 Discovery of Electronic Documents (“E-Discovery”)
7026-2 Electronic Discovery Special Master

District of Puerto Rico
Rule 16 Pretrial Conferences; Scheduling; Management

Middle District of Tennessee
Administrative Order No. 174: Default Standard for Discovery of Electronically Stored Information (“E-Discovery”)

Western District of Tennessee
Local Rules: Civil
Local Rule 26.1 Discovery in Civil Cases
Appendix G LR 16.2 Track 3 (Expedited) Scheduling Order
Appendix H LR 16.2 Track 4 (Standard) Scheduling Order
Appendix I LR 16.2 Track 5 (Complex) Scheduling Order

Local Patent Rules
Appendix A: Stipulated Patent Case Protective Order
Appendix B: Joint Planning Report and Proposed Schedule

Eastern District of Texas
[Model] Order Regarding E-Discovery in Patent Cases (see Appendix P)

Northern District of Texas
Amended 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 Rule 2-1. Procedure

District of Utah
Attorney’s Planning Meeting Report

United States Bankruptcy Court, District of Utah
Form 35: Report of the Parties’ Planning Meeting

District of Vermont
Rule 26. Discovery

Western District of Washington
Local Rules of Civil Procedure
Rule 26 Duty to Disclose; General Provisions Governing Discovery
(Effective Dec. 1, 2012)
Model Agreement Regarding Discovery of Electronically Stored Information (as addressed in LR 26(f)(1)(I)(ii).
(Effective Dec. 1, 2012)

CrR 16. Discovery and Inspection

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

Eastern District of Wisconsin
Civil L. R. 16 Pretrial Conferences; Scheduling; Management; Alternative Dispute
Resolution
Civil L. R. 26 Duty to Disclose; General Provisions Governing Discovery

District of Wyoming
Local Civil Rules
26.1 Discovery
26.2 Electronically Stored Information (ESI)

United States Court of Appeals Seventh Circuit
Electronic Discovery Pilot Program

Other:
Recommendations for Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases (developed by the Department of Justice/Administrative Office Joint Working Group of Electronic Technology JETWG])

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.