With so much attention lavished upon theelectronic data discovery amendments tothe Federal Rules of Civil Procedure overthe last year, you might be inclined to conclude thatEDD is never encountered in state courts.

Obviously, e-mail and electronic documents arejust as prevalent in state court systems as they are infederal courts, but states have lagged behind in adoptingappropriate modifications to their rules governingcivil discovery. That’s not to say that e-discoveryhas been absent from state court rooms — it’sjust been sneaking in under the bench.

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