Saturday, June 25, 2011

Florida E-Discovery Rules fast-tracked following approval of standing committee

On June 23, 2011, following six years of subcommittee study, debate and drafting, the full Civil Rules committee finally approved the draft E-discovery rules for submission off-cycle to the Supreme Court of Florida.

The changes are reflected in the most recent iteration of the rules package fresh from the drafting subcommittee which now specifically include Electronically Stored Information or "ESI" and propose to revise Florida Rules of Civil Procedure: RULE 1.200. PRETRIAL PROCEDURE, RULE 1.201. COMPLEX LITIGATION, RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY, RULE 1.340. INTERROGATORIES TO PARTIES, RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES, RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS, and RULE 1.410. SUBPOENA.

Detailed draft rule language with strike-through portions visible is available in the June 2011 Annual Convention Meeting Agenda found here: