California's New Electronic Discovery Act Signed into Law
On June 29, 2009, California Governor Arnold Schwarzenegger signed into law the Electronic Discovery Act. As an overview, California's new e-discovery rules are comparable to the changes to the FRCP in December 2006. The California Electronic Discovery Act amends and adds to the California Code of Civil Procedure to provide a series of procedures for a litigant to discover or object to discovery of Electronically Stored Information (“ESI”). The Act incorporates into the Code many of the same provisions regarding ESI found in the Federal Rules of Civil Procedure ("FRCP"), so practitioners familiar with the changes to the FRCP in 2006 will understand many of the new provisions in the amended Code. The Act took immediate effect and thus litigants in California courts are expected to immediately comply with them. One noticeable mention is that the act requires the parties to meet and confer regarding discovery of ESI 45 days prior to the case management conference regarding discovery in California state court.
To read the Act, please click here.