Tuesday, January 25, 2011

E-discovery rules for Florida approved in concept

This month the Florida Bar Civil Rules standing committee finally passed the draft rules of its subcommittee in concept which will be sent to drafting for clean up and likely a vote for passage in final next summer! Here are some excerpts of the subcommittee's report and a chart showing what state rules will be changed and how they relate to their federal counterparts:

The subcommittee believes that the increasing reliance of modern communication and information storage on computers, e-mail, hand-held devices, and various forms of electronic documentation requires the Rules of Civil Procedure to be updated.

The subcommittee observes that there has been exponential growth in the volume of electronically-stored information that is held by parties to litigation, and believes that there has likewise been significant growth in the frequency with which litigants and courts have had to address issues related to the discoverability, retrieval, review, and production of electronically-stored information.

In developing these proposed changes, the subcommittee attempted to balance the
following core principles:

Enhancing predictability by tracking language and principles used in the
federal rules to the maximum extent possible so that existing precedents
can be applied by courts and parties;

Recognizing that procedure in state courts is nonetheless different than
practice in federal courts in significant ways, and that state rules must be
adapted to the greater variety of litigation found in state court;
Recognizing that the resources available to litigants or courts may be
different in state-court litigation than federal litigation;
Keeping discovery reasonable and cost-effective; preventing the cost and
burden of electronic discovery from being outcome-determinative;
Encouraging early, meaningful, and reasonable cooperation and
communication among parties to minimize the frequency with which
disputes must be resolved by the courts;
Avoiding alteration of existing precedents so that changes remain
procedural and not substantive; and
Avoiding unduly favoring either requesting parties or responding parties.

Federal Florida Subject

16(b) 1.200 Scheduling

26(b) 1.280 Scope

34 1.350 Requests

37 1.380 Sanctions

45 1.410 Subpoenas