With so much attention lavished upon the electronic data discovery amendments to the Federal Rules of Civil Procedure over the last year, you might be inclined to conclude that EDD is never encountered in state courts.

Obviously, e-mail and electronic documents are just as prevalent in state court systems as they are in federal courts, but states have lagged behind in adopting appropriate modifications to their rules governing civil discovery. That’s not to say that e-discovery has been absent from state court rooms — it’s just been sneaking in under the bench.

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