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.

Comments

[Derick Roselli]

We are not just working under the fear-factor of Electronic Discovery biting clients on Federal cases anymore. We are seeing legal and corporate clients in California recognizing the need for earlier guidance, support and action for data preservation and management before the 11th hour. I am curious what our peers are seeing out West.

[Martin Kratz]

I’m glad that there is not a law with regard to Electronic Discovery. The reality is that turning your files into an electronic format should be a "no brainer" to the legal industry. Not only does it make it easier to review a case, but allows for easier cross-referencing of that information to other cases of the same nature. It also allows for the transferring of information to others..such as subject experts in order to review information about a particular case, while prohibiting personal information through technologies like electronic redaction of personal information to be applied thereby preventing private information (having nothing to do with the case)to be exchanged.
Martin at Feith dot com

[Martin Kratz]

My first sentence has an error...it should read...I'm Glad there there IS a law with regard to Electronic Discovery.