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E-Discovery Tips From the Bench

Judges are seen as a circumspect and guarded lot, but there are few topics they enjoy discussing more than the art of litigation and e-discovery. Some advice on handling EDD matters: Don't ask a judge "for everything and a pony" and don't treat meet and confers like a "drive-by conference."

California EDD Rules - Richard Best

Richard Best, a California EDD Referee, offers his observations about the pending California EDD Rules:

At this point, legislation enacting e-discovery rules in California appears to be a political certainty and will likely have no opposition.

The comments on the proposal submitted to the AOC [Administrative Office of the Courts] and the response by its staff provide some insight to the understanding and intent of the advocates of the legislation.

At the Judicial Council meeting on April 25th, questions asked by a few members and responses of the proponents raised additional issues. The proposal and a spreadsheet summarizing all the comments and the committee's responses covers 147 pages and was posted on April 18, 2008. The spreadsheet, the agenda and the audiocast of the Judicial Council presentation and discussion may be found here.

Cal Judicial Council Proposes New EDD Rules

The California Bar Journal reports that the state's Judicial Council is proposing new EDD statutes and rules. Reporter Nancy McCarthy says the proposals have drawn about 50 comments so far, and the council's Civil and Small Claims Advisory Committee will likely revised the proposals after the comments are evaluated.

The proposed rules are here. Observers suggest that they mirror the 2006-amended FRCP rules, and probably won't be controversial, McCarthy notes.