E-discovery and States
By Holly Sheriff, MSLS Edited by Jennifer Dudenhoeffer & Marc Collins
I am amazed at how many paralegals and attorneys ask what E-discovery is and what states have established rules and which states have not. What also amazes me is the Advisory Committee on Civil Rules and Procedures for the Federal level first heard about issues with electronically stored information in or around 1996, but did not being digging into the matter until sometime around the year 2000. The Federal Rules of Civil Procedure that addressed discovery of electronically stored information went into effect on December 1, 2006; which put back on the table the discussion for the topic being amended in December of 2013. I am not certain why the rules are up for discussion so soon, but I know there has been a lot of legal chatter in law reviews and journals that infer the E-discovery rules from 2006 were not what they should have been. Whether or not the rules from 2006 are broken and any amendments thereto are necessary is for the lawyers and judges to decide.
E-discovery is an expensive and frightening undertaking because it is still a relatively new concept. Exactly how new E-discovery is has been illustrated by, which states have followed the federal example. Between 2008 through and including 2013, there are 44 states, which have enacted E-discovery rules I could uncovered. That is not to say that the missing states have not followed suit or not are developing E-discovery rules. These states are the only one I could find, which address E-discovery rules. Here is the list in no particular order:
North Dakota Ohio
It’s worth mentioning that some of the above states and jurisdictions refer to E-discovery directly; while other states refer to it as ESI or electronic information; which I discovered when making my list. Arguably, E-discovery is here to stay and will continue to evolve just as our technology continues to evolve. Whether or not paralegals and attorneys should run out and get certified in E-discovery is a topic for another blog post. I believe that if you are paralegal or attorney that works in a state at has E-discovery rules—attending training and CLE events regarding E-discovery should be a must. The benefits of such courses far outweighs the costs.
Thanks for reading! Comeback and check out next our blog entry about E-discovery training!
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