Monday, October 17, 2011

Last day for comments on E-Discovery Rules

Per the Supreme Court of Florida, the Florida Bar’s Civil Procedure Rules Committee has submitted an out-of-cycle report proposing rule amendments to address discovery of electronically stored information or ESI.

The committee proposes amendments to rules 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena).

The Florida Supreme Court invites comment on the proposed amendments by filing an
original and nine paper copies by October 17, 2011 with a certificate of service verifying that a copy has been served on current committee chair, Kevin Johnson, Esq., 201 N Franklin Street, Suite 1600, Tampa 33602-5110, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case.

The committee chair has until November 7 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court’s administrative order In re Mandatory Submission of Electronic Copies of Documents
, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

As reported by Florida Bar News:

Rules proposed in PDF at Florida Supreme Court's website:

Saturday, October 15, 2011

U.S. Seventh Circuit Pilot may prompt changes following Phase II

The U.S. Seventh Circuit Electronic Discovery Pilot Program Principles of the Electronic Discovery Pilot Program and Standing Order developed in Phase I are now in Phase II. The Pilot’s central themes include: purposeful, proportionate discovery, meaningful cooperation, need for expert liaisons on information technology, early dispute identification, and alternative dispute resolution and an educated client.

These principles are are modeled after the Sedona Principles and are intended to help the courts and parties secure “the just, speedy, and inexpensive determination of every civil case, and to promote, whenever possible, the early resolution of disputes regarding the discovery of electronically stored information (“ESI”) without Court Intervention.”

The initial Pilot Program ran from October 1, 2009 through March 1, 2010 in the Northern District of Illinois and 92% of judges reported positive effect on counsel and a decrease in E-Discovery disputes and related costs. Phase II has been extended to May, 2012.

The goal of the Principles is to provide incentives for the early and informal information exchange on commonly encountered issues relating to evidence preservation required by Federal Rule of Civil Procedure 26(f)(2). The Principles provide guidance on how to streamline (e.g., suggesting formats which are generally not required to be preserved, thus requiring a party to discuss the need for such formats early in the pretrial litigation process) and how to resolve disputes.

For more information, see the program's website: