Patchwork E-Discovery in the States

Another article from the Law Technology News’ EDD Showcase is my own survey of how electronic discovery is getting handled in the various states. Because the information for each state could change at any time, I’m sure some of the info might be out of date soon. So to compensate, I provide a few resources in the article for staying informed about state e-discovery activity.

United States Map

I quote heavily from Thomas Allman in my article who follows the e-discovery activity quite closely in his role at Lawyers for Civil Justice. Back in August 2007, Tom was interviewed for a few minutes on the topic by Kroll Ontrack attorney Michele Lange who hosts The ESI Report podcast for the Legal Talk Network.

In October 2007, Tom was the main guest on the Kroll Ontrack Webinar entitled “The State of E-Discovery: An Overview of State & Uniform Rulemaking Efforts” hosted by the West LegalEdcenter. I found this Webinar fascinating and Tom did an excellent job of describing the trends found of the states in adopting e-discovery rules and standards.

Unfortunately, it appears the Kroll Webinar is no longer available online so I contacted Tom for permission to share the materials through this blog. Tom graciously agreed and even sent me a “bonus” one-page document providing links to the “final enactments” of e-discovery rules from several states.

Tom shares my same anxiousness from above and noted to me that he makes no warranties as to accuracy for these documents since the information could change at any time!

The State of E-Discovery: An Overview of State & Uniform Rulemaking Efforts
These are the PowerPoint slides from the October 24, 2007 Webinar.

State by State E-Discovery Rule Status
This is a very helpful chart that Tom provided as supplemental materials to the October 24, 2007 Webinar.

BONUS – Summary of State E-Discovery Rulemaking
This is the one-page document Tom provided to me with links to the “final enactments” of the e-discovery rules from several states. The rules from Arizona, Idaho, and Indiana just went into effect on January 1, 2008. Tom mentioned that he prepared this chart for an upcoming article he is writing, so be on the lookout for that.

If you haven’t had enough yet, be sure catch Tom Allman as he gives the February 5 Keynote Presentation at LegalTech New York 2008 entitled “The Evolution of E-Discovery: Technology, Rulemaking and the Impact of Best Practices.”

Tom will also be a co-presenter with Mary Mack at the Fios “Must See” Webcast on January 22, 2008, entitled “Déjà vu All Over Again: State Rules of Civil Procedure.” (The “Must See” Webcasts archive is definitely must see.)

Link to my article entitled “State-Side Patchwork.”

Update [January 17, 2008]: It seems like this “state-thing” is really catching on! The excellent electronic discovery law blog from K&L Gates posted a very nice “Current Listing of States That Have Enacted E-Discovery Rules” today. This is an excellent source of links directly to each state’s relevant rules. They promise to update the post as more rules are enacted.

Update [January 18, 2008]: My article got picked up on Law.com today under the title “Mining E-Discovery Stateside.”

One Comment

  1. […] prediction: “growth in the market will occur at the state and local level.” I’ve written about the states adopting e-discovery rules before, and it is inevitable that lawyers who litigate in the […]

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