California Enacts New e-Discovery Rules That Mirror Federal Court E-Discovery Rules – With One Exception

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On June 29, 2009, California Governor Arnold Schwarzenegger signed into law the Electronic Discovery Act (“California EDA”). The California EDA took immediate effect as an urgency measure, “in order to eliminate uncertainty and confusion regarding the discovery of electronically stored information,” making California the 22nd state to enact separate statutes or rules that specifically address electronic discovery.

According to the author of the California EDA, Assembly Member Noreen Evans, the California EDA was necessary because “most information is now stored in electronic rather than paper form,” and is designed to “modernize California’s discovery law to reflect the growing importance of, and need for guidance in the handling of the discovery of electronically stored information.” Senate Judiciary Committee Analysis of AB 5, June 9, 2009, available at www.sen.ca.gov and www.assembly.ca.gov/Evans (“SJC Analysis”).

Please see full ASAP for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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