Georgia legislation restructuring state discovery rules to include electronic records has passed its first hurdle in becoming law, but negotiations between plaintiffs and defense lawyers are far from over.

Proposed amendments to House Bill 643 dealing with proportionality of discovery, spoliation and the retrieval and searching of electronically stored records failed to garner approval Monday from a House Judiciary subcommittee headed by Rep. Edward Lindsey Jr., R-Atlanta. However, the subcommittee approved a current draft of the bill and will send it to the full committee for further work. Lindsey, a litigator with Goodman McGuffey Lindsey & Johnson, indicated the full committee may consider those failed amendments and other changes.

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