An overview of state e-discovery rules
When discovery first met the e- that precedes it today, it fell upon trial judges nationwide to figure out how to harmonize primordial sources of electronically stored information (ESI) with traditional discovery rubricsessentially, how to fit a round peg into a square hole.
March 15, 2012 at 06:00 AM
5 minute read
The original version of this story was published on Law.com
When discovery first met the “e-“ that precedes it today, it fell upon trial judges nationwide to figure out how to harmonize primordial sources of electronically stored information (ESI) with traditional discovery rubrics—essentially, how to fit a round peg into a square hole. However, the landscape has adapted. Today, state and federal rulemaking bodies have formed a constellation of e-discovery frameworks that play a paramount role in civil litigation.
Origins of e-discovery rulemaking in the U.S.
Flooded with requests to produce ESI and incongruent rules, state rule makers in the late 1990s needed a hard and fast way to make ESI discoverable. In 1999, Texas was the first state to adopt a rule that contemplated e-discovery by adopting Texas Rule of Civil Procedure 196.4, which mandates a shift of cost to the requestor of inaccessible ESI.
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