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

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.  Please note also that many 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 and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.

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.
Form 51A
(Effective Feb. 1, 2010)

Rule 45 Subpoena.
(Effective January 1, 2013)

Rule of Evidence 510 Waiver of privilege by voluntary disclosure.

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 Pre-trial conferences; scheduling management
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
Rule 45.1 Interstate Depositions and Discovery (effective January 1, 2013)

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

Justice Court Rules of Civil Procedure
Rule 122 General provisions regarding discovery.
Rule 125 Request for production of documents, electronically stored information, and things; request for entry upon land for inspection and other purposes.
Rule 127 Discovery violations.
Rule 131 Pretrial conference; settlement conference.
(Effective January 1, 2013)

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
(Effective January 1, 2012)

Rule 26.1 Electronic Discovery
(Effective Oct. 1, 2009)

Ark. R. Evid. 502. Lawyer Client Privilege
(Effective January 10, 2008)

California
In 2009 the California Code of Civil Procedure was amended by the Electronic Discovery Act to address the discovery of electronically stored information.  In 2012, additional amendments addressing electronic discovery were adopted and became effective on January 1, 2013.

The Electronic Discovery Act of 2009 is available here.

Senate Bill 1574, Discovery; electronically stored information (adopting the 2013 amendments) is available here.

The California Code of Civil Procedure is available here (scroll to Civil Discovery Act, Part 4, Title 4).

Rule 3.724 Duty to meet and confer
(As Amended, Effective Aug. 14, 2009)

Colorado
Civil Access Pilot Program (CAPP) (Jan. 1, 2012 – Dec. 13, 2013 “or until further order of the court”)
Civil Access Pilot Program Rules (see, Rules 1.3, 6.1, 6.2 & Appendix B)
For additional information, including access to forms and a CAPP FAQ, click here

Connecticut
2014 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 Rules
Rule 26. General provisions concerning discovery.
Rule 30. Depositions upon oral examination.
Rule 34. Production of documents, electronically stored information, and tangible things and entry upon land for inspection and other purposes.
Rule 45. Subpoena.
(Effective January 1, 2013)

Guidelines to Help Lawyers Practicing in the Court of Chancery
(Amendments effective January 1, 2013)

Florida
Florida Rules of Civil Procedure
Rule 1.200 Pretrial Procedure
Rule 1.201 Complex Litigation
Rule 1.280 General Provisions Governing Discovery
1.340 Interrogatories to Parties
Rule 1.350 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 1.380 Failure to Make Discovery; Sanctions
Rule 1.410 Subpoena

Statewide Uniform Guidelines for the Taxation of Costs in Civil Actions

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.

Idaho Rules of Family Law Procedure (Fourth Judicial District Pilot Project)
Rule 415. Option to Produce Records
Rule 416. Production of Documents and Things; Entry on Land
Rule 424. Subpoena for Taking Depositions – Place of Examination
Rule 711. Subpoenas
(Effective January 1, 2013)

Illinois
Rule 201 General Discovery Provisions
(Effective January 1, 2013)

Rule 214 Discovery of Documents, Objects, and Tangible Things – Inspection of Real Estate
(Effective January 1, 1996)

Rule of Evidence 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
(Effective January 1, 2013)

Indiana
Indiana Rules of Trial Procedure
Rule 26.  General provisions governing discovery (ammended effective Jan. 1, 2013)
Rule 34.  Production of documents, electronically stored information, etc. (ammended effective Jan. 1, 2013)
Rule 37.  Failure to make or cooperate in discovery; Sanctions (effective January 1, 2008)

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 1.512 Production of documents, electronically stored information and things; entry upon land for inspection and other purposes
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 (Effective July 1, 2012)
§ 60-228a Uniform interstate depositions and discovery act (Effective July 1, 2011)
§ 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 Compelling discovery; failure to comply; sanctions
§ 60-245 Subpoenas
§ 60-245a Subpoena of nonparty business records
(Effective July 1, 2010 unless otherwise noted)

§ 60-426a Attorney-client privilege and work product; limitations on waiver
(Effective July 1, 2011)

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
Rules of Civil Procedure
Rule 16 Pretrial Procedure in the Superior Court
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

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 2-504 Scheduling order.
(Effective January 1, 2008)

Rule 2-504.1 Scheduling conference.
Rule 2-510 Subpoenas
(Amended, effective Jan. 1, 2013)

Rule 2-433 Sanctions.
(Effective Jan 1, 2014)

Massachusetts
Massachusetts Rules of Civil Procedure
Rule 16. Pre-trial Procedure: Formulating Issues
Rule 26. General Provisions Governing Discovery
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

Michigan
Rules of Civil Procedure
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

Minnesota
Minnesota Rules of Civil Procedure
Rule 1. Scope of Rules
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

General Rules of Practice
Rule 146 Complex Cases (see 146.05 Case Management Order and Scheduling Order)

Mississippi 
Mississippi Rules of Civil Procedure
Rule 26(b)(5)
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 45. Subpoena

Missouri
Rules of the Court of the Twenty-fifth Judicial Circuit (Maries, Phelps, Pulaski and Texas Counties)
Rule 32.3 Electronic Discovery

Montana
Montana Rules of Civil Procedure
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

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)

Nevada
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes  (Effective Mar. 1, 2014)

New Hampshire
Rule 25.  Discovery of Electronically Stored Information (ESI)

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

Rules of General Application
1:11-2 Withdrawal or Substitution
(Effective January 1, 2013)

Rules Governing Criminal Practice
3:5-6 Filing; confidentiality
3:6-6 Who May be Present; Record and Transcript
3:9-1 Prearraignment Conference; Plea Offer; Arraignment/Status Conference; Pretrial Hearings; Pretrial Conference
3:13-2 Depositions
3:13-3 Discovery and Inspection
3:13-5 Discovery Fees
(Effective January 1, 2013)

Rules Governing Practice in the Municipal Courts
7.7-8 Pretrial Procedures
(Effective Sept. 2009)

7:5-1 Filing
7:7-5 Pretrial Procedure
7:7-6 Depositions
7:7-7 Discovery and Inspection
(Effective January 1, 2013)

New Mexico 
Rules of Civil Procedure for District Courts
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
Rule 1-037 Failure to make discovery; Sanctions
Rule 1.045 Subpoena.
Rule 1.045.1 Interstate subpoenas.

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
Section 202.12 Preliminary conference

Nassau County Supreme Court, Commercial Division Rules
Guidelines for Discovery of Electronically Stored Information (“ESI”)
Form: Preliminary Conference Stipulation and Order

Queens County Supreme Court, Commercial Division Rules
See Conferences Rule 5. Consultation among counsel prior conferences

North Carolina
Rules of Civil Procedure
Rule 16. Pre-trial procedure; formulating issues.
Rule 26. General provisions governing discovery
Rule 33. Interrogatories to parties
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 August 1, 2013)

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

Oregon
Oregon Rules of Civil Procedure
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Oregon Tax Court Rules
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Pennsylvania
Pennsylvania Rules of Civil Procedure: Chapter 4000. Depositions and Discovery
Rule 4009.1 Production of Documents and Things. General Provisions
Rule 4009.11 Requests Upon a Party for Production of Documents and Things
Rule 4009.12 Answer to Request Upon a Party or Production of Documents and Things
Rule 4009.21 Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections
Rule 4009.23 Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received
Rule 4011 Limitation of Scope of Discovery [and Deposition]

Explanatory Comment – Electronically Stored Information

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. (Effective April 1, 2013)
Rule 26.02 Disclosure in personal injury actions. (Effective April 1, 2013)
Rule 33 Interrogatories to parties
Rule 34 Production of documents and things and entry upon land for inspection and other purposes
Rule 37 Discovery and disclosure motions; Sanctions. (Effective April 1, 2013)
Rule 45 Subpoena

Vermont
Rules of Civil Procedure (scroll down from top to find 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
(Effective July 6, 2009)

Rule 45 Subpoena
(Effective October 31, 2011)

Rule 26 General Provisions Governing Discovery
(Effective January 23, 2012)

Rules of Evidence (scroll down)
Rule 510 Waiver of Privilege and Work-Product by Disclosure
(Effective Jan. 23, 2012)

Virginia
Practice and Procedure in Civil Actions
Rule 4:1 General Provisions Governing Discovery (Effective May 3, 2010)
Rule 4:4 Stipulations Regarding Discovery
Rule 4:8 Interrogatories to Parties (Effective May 2, 2011)
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 May 2, 2011)
Effective January 1, 2009 (unless otherwise indicated)

Washington
ER 502     Attorney-Client Privilege and Work Product; Limitations on Waiver
(Effective September 1, 2010)

Civil Rule 34 Producing Documents, Electronically Stored Information, and Things or Entry onto Land for Inspection and Other Purposes (Effective Sept. 1, 2013)

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

Chapter 905 Evidence – Privileges
905.03 Lawyer-client privilege (see (5)(a) Effect of Inadvertent Disclosure)

Wyoming
Wyoming Rules of Civil Procedure
Rule 16  Pretrial Conferences; Scheduling; Management
Rule 26  General Rules Governing Discovery, Duty of Disclosure (see, Order Adopting Amendments to Rule 26 (2014))
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

We will post additional state e-discovery rules as they are enacted.