Calif. Judicial Council to Weigh New E-Discovery Rules
"The Judicial Council will consider new rules for electronic discovery in California, a long-awaited package that's been received warily by the high-tech industry.
The proposed state rules, in their latest form, largely mirror federal regulations enacted in December 2006 that spell out how and when records from fax machines, computer databases, e-mails and even cell phones can be exchanged in civil litigation. The rules define what constitutes electronic information, and they allow "inspecting, copying, testing or sampling" by parties.
The new state e-discovery rules spell out what format the information should be provided in and add new "safe harbor" provisions to protect parties who lose e-materials due to "routine, good-faith operation" of their electronic systems."
