Current Listing of States That Have Enacted E-Discovery Rules
More and more states are adopting statutes and court rules addressing the discovery of electronically stored information. Here is a current list with links to the relevant provisions.
Alabama
Rule 16 Pre-trial conferences; scheduling; management.
Rule 26 General provisions governing discovery.
Rule 33 Interrogatories to parties.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes.
Rule 37 Failure to make discovery: Sanctions.
Rule 45 Subpoena.
Form 51A
Effective Feb. 1, 2010
Alaska
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Provisions Governing Discovery; Duty of Disclosure
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Information, and Things, and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosure or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Effective April 15, 2009
Arizona
Rules of Civil Procedure for the Superior Courts of Arizona
Rule 16(b) Scheduling and Subjects to Be Discussed at Comprehensive Pretrial
Conference in Non-Medical Malpractice Cases
Rule 16(c) Scheduling and Subjects to Be Discussed at Comprehensive Pretrial
Conference In Medical Malpractice Cases
Rule 16.3 Initial Case Management Conference in Cases Assigned to the Complex
Civil Litigation Program
Rule 26 (b) Discovery Scope and Limits
Rule 26.1 Prompt Disclosure of Information
Rule 26.2 Exchange of Records and Discovery Limitations in Medical Malpractice
Cases
Rule 33 Uniform and Non-uniform Interrogatories; Limitations; Procedure
Rule 34 Production of documents, electronically stored information, and things and
entry upon land for inspection and other purposes
34(a) Scope
34(b) Procedure and Limitations
Rule 37(g) Electronically stored information
Rule 45 Subpoena
Rules of Family Law Procedure
Rule 49 Disclosure
Rule 51 Discovery
Rule 52 Subpoena
Rule 62 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Rule 65 Failure to Make Disclosure or Discovery; Sanctions
Rules of Evidence
Rule 101 Scope; Definitions
Rule 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Rule 1001 Definitions that Apply to This Article
Arkansas
Rule 26 General Provisions Governing Discovery (See section 26(b)(5))
Effective January 10, 2008
Ark. R. Evid. 502. Lawyer Client Privilege
Effective January 10, 2008
Rule 26.1 Electronic Discovery
Effective Oct. 1, 2009
California
In 2009, the California Code of Civil Procedure was amended by the Electronic Discovery Act. The Electronic Discovery Act amended relevant sections of the California Code of Civil Procedure to address the discovery of electronically stored information.
The Electronic Discovery Act identifies the affected portions of the Code and is available here.
The California Code of Civil Procedure is available here.
Rule 3.724 Duty to meet and confer
As Amended, Effective Aug. 14, 2009
Connecticut
2012 Connecticut Practice Book
Sec. 13-1. Definitions
Sec. 13-2. Scope of Discovery; In General.
Sec. 13-5. Protective Order
Sec. 13-9. Requests for Production, Inspection and Examination; In General
Sec. 13-14. Order for Compliance; Failure to Answer or Comply with Order
Sec. 13-33. Claim of Privilege or Protection After Production
Delaware
Superior Court – Complex Commercial Litigation Division
E-Discovery Plan Guidelines
Court of Chancery
Court of Chancery Guidelines for Preservation of Electronically Stored Information
Florida
Rule 1.201 Complex Litigation
Idaho
Rules of Civil Procedure
Rule 33 Interrogatories to parties -- Availability -- Procedures for use.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes -- Scope
Rule 45 Subpoena -- For attendance of witnesses -- Issuance.
Illinois
Rule 201 General Discovery Provisions
Rule 214 Discovery of Documents, Objects, and Tangible Things – Inspection of Real Estate
Effective January 1, 1996
Indiana
Indiana Rules of Trial Procedure
Rule 26. General provisions governing discovery
Rule 34. Production of documents, electronically stored information, etc.
Rule 37. Failure to make or cooperate in discovery; Sanctions
Indiana Rules of Evidence
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
Iowa
Iowa Rules of Civil Procedure
Rule 1.503 Scope of Discovery
Rule 1.504 Protective Orders
Rule 1.507 Discovery Conference
Rule 1.509 Interrogatories to Parties
Rule 1.517 Consequences of failure to make discovery
Rule 1.602 Pretrial conferences; scheduling; management
Effective May 1, 2008
Rule 1.1701 Subpoena
Form 13 Subpoena Form to Testify at Deposition or Produce Documents
Form 14 Subpoena Form to Testify at Hearing or Trial
Form 15 Subpoena From to Produce Documents or Permit Inspection
Effective Oct. 9, 2009
Iowa District Court Trial Scheduling Order
Rule 23.5 – Form 2: Trial Scheduling Order
Effective September 1, 2008
Iowa Rule of Evidence 5.502
Effective June 1, 2009
Kansas
Rules of Civil Procedure
§ 60-216 Pretrial conferences; case management conference
§ 60-226 General Provisions Governing Discovery
§ 60-233 Interrogatories to Parties
§ 60-234 Production of Documents, Electronically Stored Information and Things and
Entry Upon Land for Inspection and Other Purposes
§ 60-237 Failure to Allow Discovery; Sanctions
§ 60-245 Subpoenas
Effective July 1, 2008
Louisiana
CCP 1424 - Scope of discovery; trial preparation; materials
CCP 1460 - Option to produce business records
CCP 1461 - Production of documents and things; entry upon land; scope
Approved June 25, 2007
CCP 1354 - Subpoena deuces tecum
CCP 1471 - Failure to comply with order compelling discovery; sanctions
CCP 1551 - Pretrial and scheduling conference; order
Effective January 1, 2009
CCP 1462 - Production of documents and things; entry upon land; procedure
Effective January 1, 2011
Maine
Rule 16 Pretrial Procedure in the Superior Court
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Discovery: Sanctions
Effective August 1, 2008
Rule 26 General Provisions Governing Discovery
Effective January 2009
Maryland
Maryland Rules of Civil Procedure – Circuit Court
Rule 2-402 Scope of discovery.
Rule 2-421 Interrogatories to parties.
Rule 2-422 Discovery of documents, electronically stored information, and property.
Rule 2-433 Sanctions
Rule 2-504 Scheduling order.
Rule 2-504.1 Scheduling conference.
Rule 2-510 Subpoenas
Effective January 1, 2008
Michigan
Rule 2.302 General Rules Governing Discovery
Rule 2.310 Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes
Rule 2.313 Failure to Provide or Permit Discovery; Sanctions
Rule 2.401 Pretrial Procedures; Conferences Scheduling Orders
Rule 2.506 Subpoena; Order to Attend
Effective January 1, 2009
Minnesota
Minnesota Rules of Civil Procedure
Rule 16. Pretrial Conference; Scheduling; Management
Rule 26. General Provisions Governing Discovery
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37. Failure to Make Discovery or Cooperate in Discovery: Sanctions
Rule 45. Subpoena
Mississippi
Rule 26(b)(5)
Effective May 29, 2003
Missouri
Rules of the Court of the Twenty-fifth Judicial Circuit (Maries, Phelps, Pulaski and Texas Counties)
Rule 32.3 Electronic Discovery
Montana
Rule 16(b). Scheduling and planning
Rule 26(b). Discovery scope and limits
Rule 26(f). Discovery conference
Rule 33(c). Option to produce business records
Rule 34(a). Scope
Rule 34(b). Procedure
Rule 37(e). Electronically stored information
Rule 45(a). Form – issuance
Rule 45(c). Protection of persons subject to or affected by subpoenas
Rule 45(d). Duties in responding to subpoena
Effective February 28, 2007
Nebraska
§ 6-333 Interrogatories to parties
§ 6-334 Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes
§ 6-334A Discovery from a non-party without a deposition
Effective July 18, 2008
New Hampshire
Superior Court Rule 62. (I) Initial Structuring Conference (see subsection (C)(4))
Effective March 1, 2007
Superior Court PAD Pilot Rules – Proportional Discovery/ Automatic Disclosure Pilot Project for Carroll and Strafford County Superior Courts
See PR 5. Discovery of Electronically Stored Information (ESI)
Effective October 1, 2010
New Jersey
Part IV – Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate’s Courts
Rule 1:9. Subpoenas
Rule 4:5B. Case Management; Conferences
Rule 4:10. Pretrial Discovery
Rule 4:17. Interrogatories to Parties
Rule 4:18. Discovery and Inspection of Documents and Property; Copies of Documents
Rule 4:23. Failure to Make Discovery; Sanctions
Effective September 1, 2006
Part VII – Rules Governing Practice in Municipal Courts
Rule 7:7 Pretrial Procedures (See subsection 7:7-8 Subpoenas)
New Mexico
Rule 1-016 Pretrial conferences; scheduling; management.
Rule 1-026 General provisions governing discovery.
Rule 1-033 Interrogatories to parties.
Rule 1-034 Production of documents and things and entry upon land for inspection and other purposes.
Effective May 15, 2009
Rule 1.045 Subpoena.
Rule 1.045.1 Interstate subpoenas.
Effective August 7, 2009
New York
NYSBA Best Practices in E-Discovery in New York State and Federal Courts
CPLR § 3119 Uniform interstate depositions and discovery
Uniform Civil Rules of the Supreme and County Courts, § 202.70 Commercial Division of the Supreme Court
See Rule 1. Appearance by Counsel with Knowledge and Authority.
See Rule 8. Consultation prior to Preliminary and Compliance Conferences.
Uniform Civil Rules for the Supreme Court and the County Court
Amendment to Section 202.12 Preliminary conference (subsection (c))
Nassau County Supreme Court, Commercial Division Rules
Guidelines for Discovery of Electronically Stored Information (“ESI”)
Form: Preliminary Conference Stipulation and Order
Onondaga County Supreme Court, Commercial Division Rules
Form 2: Preliminary Conference Stipulation and Order, Hon. Deborah Karalunas
Queens County Supreme Court, Commercial Division Rules
See Conferences Rule 5. Consultation among counsel prior conferences
Suffolk County Supreme Court, Commercial Division Rules
Form: Preliminary Conference Stipulation and Order, Hon. Elizabeth H. Emerson
Westchester County Supreme Court, Commercial Division Rules
Form 1: Preliminary Conference Order – Commercial Case, Hon. Alan Scheinkman
North Carolina
Rules of Civil Procedure
Rule 16. Pre-trial procedure; formulating issues.
Rule 26. General provisions governing discovery
Rule 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes.
Rule 37. Failure to make discovery; sanctions.
Rule 45. Subpoena (Amended to add subsection (f), effective Dec. 1, 2011)
Effective October 1, 2011
Local Rules of North Carolina Business Court
See Rule 17.1 – Case Management Meeting
See Rule 18.6 – Conference of Attorneys with Respect to Motions and Objections Relating to Discovery
Effective July 31, 2006
Rules for Superior Court Judicial District 15B
Rule 6. Discovery
Effective July 1, 2008
North Dakota
North Dakota Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management.
Rule 26 General Provisions Governing Discovery.
Rule 33 Interrogatories to Parties.
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection
and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery; -- Sanctions.
Rule 45 Subpoena.
Ohio
Ohio Rules of Civil Procedure
Rule 16 Pretrial Procedure
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena
Oklahoma
Rule 5. Pretrial Proceedings
Effective February 9, 2010
Chapter 39. Oklahoma Pleading Code
Section 2004.1 – Subpoena
Chapter 40. Oklahoma Evidence Code
Section 2502 – Attorney-Client Privilege
Effective Nov. 1, 2009
Chapter 41. Discovery Code.
Section 3226 – General Provisions Governing Discovery
Section 3233 – Interrogatories to Parties
Section 3234 – Production of Documents and Things and Entry upon Land for Inspection and Other Purposes
Section 3237 – Failure to Make or Cooperation in Discovery – Sanctions
Effective November 1, 2010
Oregon
Oregon Rules of Civil Procedure
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
South Carolina
Rule 16 Pre-Trial Procedure: Formulating Issues
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Tennessee
Rules of Civil Procedure
Rule 16 Scheduling and Planning, Pretrial, and Final Pretrial Conferences and Orders
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Rule Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Rules of Evidence
Rule 502 Limitations on Waiver of Privileged Information or Work Product
Texas
TRCP 196.4 Electronic or Magnetic Data
Effective January 1, 1999
Utah
Utah Rules of Civil Procedure
Rule 16 Pretrial Conferences
Rule 26 General provisions governing disclosure and discovery
Rule 33 Interrogatories to parties
Rule 34 Production of documents and things and entry upon land for inspection and other purposes
Rule 37 Failure to make or cooperation in discovery; sanctions
Rule 45 Subpoena
Vermont
Amendments to Rules of Civil Procedure:
Rule 16.2 Scheduling Orders
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena
Effective July 6, 2009
Rule 26 General Provisions Governing Discovery
Effective Oct. 1, 2010
Virginia
Rules of Supreme Court of Virginia – Part Four – Pretrial Procedures, Depositions and Production at Trial
Rule 4:4 Stipulations Regarding Discovery
Rule 4:8 Interrogatories to Parties
Rule 4:9 Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land for Inspection and Other Purposes; Production at Trial.
Rule 4:9A Production from Non-Parties of Documents, Electronically Stored Information, and
Things and Entry on Land for Inspection and Other Purposes; Production at Trial
Rule 4:13 Pretrial Procedure; Formulating Issues
Effective January 1, 2009
Rule 4:1 General Provisions Governing Discovery
Effective May 3, 2010
Washington
ER 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Effective September 1, 2010
Wisconsin
Chapter 802 Civil Procedure – Pleadings, Motions and Pretrial Practice
§ 802.10 Calendar practice.
Chapter 804 Civil Procedure – Depositions and Discovery
§ 804.01 General provisions governing discovery.
§ 804.08 Interrogatories to parties.
§ 804.09 Production of documents and things and entry upon land for inspection and other purposes
§ 804.12 Failure to make discovery; sanctions.
Chapter 805 Civil Procedure - Trials
§ 805.07 Subpoena
Wyoming
Wyoming Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Rules Governing Discovery, Duty of Disclosure
Effective July 1, 2010
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Inforamtion, and Things and Entry Upon land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or Cooperate in Discovery; Sanctions
Rule 45 Subpoena
Effective July 1, 2008
We will post additional state e-discovery rules as they are enacted.
