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State E-Discovery
Electronic Discovery
LCJ is working to ensure that state procedural rules are consistent with the new federal rules, which we believe to be fair and reasonable guidelines that will reduce the costs and burdens associated with e-discovery. Our very large, geographically diverse, and active E-Discovery Committee meets monthly to support individual state efforts to enact new e-discovery rules. Official Comments were submitted in five states (Iowa (new IA rule), Alaska, Virginia, Ohio and Maryland) in 2007, and LCJ enlisted the support of local attorneys to support action in several others. LCJ will continue to actively target individual states for rule changes in 2008.
You may wish to view the following paper by Tom Allman, which will be distributed and discussed at the upcoming LCJ Meeting: Decision Making in an Area of Uncertainty: Determining Preservation Obligations Prior to Discovery
Action Request:Even if you are not directly involved with the E-Discovery Committee, please keep us apprised of reform activities taking place in your state. The Committee meets monthly via conference call to discuss new developments. To participate in these calls, please email Betsy Walker (bwalker@lfcj.com).
Additional E-Discovery Resources:
New York Bar Association Commercial & Federal Litigation Section Report,
NCCUSL Uniform Rules Regarding Electronically Stored Information.
California Judicial Conference Report on Proposed Legislation
Related Documents:
Re: Proposed E-discovery Amendments to the Federal Rules of Civil Procedure
Re: Suggested Amendments to the Committee Notes on Rules 26(B)(2) and 37(F)
The Civil Rules Advisory Committee recommending approval by the Standing Committee of a complete and meaningful package of FRCP e-discovery amendments
U.S. Chamber Institute for Legal Reform and Lawyers for Civil Justice Comments to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States on the proposed amendments to the Federal Rules of Civil Procedure
LCJ Comments to the Civil Rules Advisory Committee on March 12, 2004 and the LCJ Nov 2003 White Paper: Reshaping the Discovery Rules for the 21st Century
Lee Rosenthal Comments to Civil Rules Committee on E-disc Proposals3.31.05
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