eDiscovery in State Courts/Digital Matters (ABA Litigation Section Technology Committee newsletter)


The Federal Rules of Civil

Procedure were amended on

December 1, 2006 to address

discovery of electronically

stored information (ESI). Several

states have recently followed

suit and adopted new

rules, some of which are modeled

after the Federal Rules.

Other states are currently con-

templating changes, have decided not

to implement specific eDiscovery

rules, or have adopted a “wait and

see” approach to see how the Federal

Rules work before adopting state

rules. This article is a short overview of

the Federal Rule amendments and a

survey of the eDiscovery rulemaking

that has taken place in various states.

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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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