Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues
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.
District of Alaska
Local Rules (Civil)
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)
Order Setting Rule 16 Case Management Conference (District Judge G. Murray Snow)
Eastern and Western Districts of Arkansas
Local Rule 26.1 Outline for Fed. R. Civ. P. 26(f) Report
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
Appendix F.1: 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 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
Northern District of Georgia
LR 16.2 Joint Preliminary Report and Discovery Plan
Southern District of Georgia
Rule 26(f) Report
United States Bankruptcy Court, District of Hawaii
LBR 1004-1. Rule 2004 Examinations
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
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
Rule 802 Scheduling Conference
United States Bankruptcy Court, District of Maryland
Appendix C: Discovery Guidelines of the United States District for the District of Maryland
District of Massachusetts
Notice of Scheduling Conference (District Judge Richard G. Stearns) (Boston)
Local Rule 16.6 Scheduling and Procedures in Patent Infringement Cases
District of Mississippi
Rule 26 Discovery Control
Rule 45 Subpoena
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))
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
Individual Practices of District Judge Harold Baer, Jr.
Proposed Pretrial Scheduling Order (District Court Judge Harold Baer, Jr.)
District Judge Colleen McMahon’s Rules Governing Electronic Discovery
Civil Case Management Plan (District Court Judge Colleen McMahon)
Individual Practices of Magistrate Judge Andrew J. Peck
Order for Conference Pursuant to Rule 16(a) (Magistrate Judge Maas)
Local Rule 26.3 Uniform Definitions in Discovery Requests
Western District of New York
Rule 16 Alternative Dispute Resolution and Pretrial Conferences
Rule 26 General Rules Governing Discovery
Western District of North Carolina
Local Civil Rule 16.1 Pretrial Conferences (see subpart (G) Initial Pretrial Conference)
Standing Orders, District Court Judge Frank D. Whitney
Standing Order Governing Civil Case Management
Standing Order on Protocol for Discovery
Initial Scheduling Order
Certification and Report of FRCP 26(f) Conference and Discovery Plan
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
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)
Northern District of Oklahoma
Guidelines for Discovery of Electronically Stored Information
Western District of Oklahoma
Appendix II, Form: Joint Status Report and Discovery Plan
Effective April 1, 2009
LCrR 16.1 Discovery Conference
Best Practices for Electronic Discovery of Documentary Materials in Criminal Cases
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
26.1 Duty to Investigate and Disclose
Appendix A Joint Case Management Plan
Western District of Pennsylvania
Local Rule 16.1.1 Scheduling and Pretrial Conferences - Generally (see item (B), requiring use of Appendix B form)
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
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. 174: 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
Local Rule 26.1 Discovery in Civil Cases
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))
[Model] Order Regarding E-Discovery in Patent Cases (see Appendix P)
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 Rule 2-1. Procedure
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
United States Bankruptcy Court, District of Utah
Form 35: Report of the Parties’ Planning Meeting Pursuant to Fed. R. Civ. P. 26(f)
District of Vermont
Rule 26. Discovery
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
V. Discovery
26.1 Discovery
26.2 Electronically Stored Information (ESI)
United States Court of Appeals Seventh Circuit
Electronic Discovery Pilot Program
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.
