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Wednesday, October 10, 2007

States Launching E-Discovery Rules

The National Law Journal posted a great summary about new e-discovery regulations individual states such as Idaho, New Jersey implemented last year as well as new rules for Indiana, Minnesota, Montana and New Hampshire starting this year. These state's rules are meant to augment Federal Rules of Civil Procedure (FRCP) requirements.

E-discovery costs are naturally a key concern. Organizations in these states will want to implement the most cost effective e-discovery solutions available. Sonian Archive SA2 is a solution created to minimize archiving and e-discovery cost burdens.

Waves of state court systems are adopting electronic discovery rules as local lawyers struggle with the costs and uncertainty of e-discovery in an expanding range of cases.

Most of the states' rules were rolled out amid debate about the electronic discovery amendments to the Federal Rules of Civil Procedure, which kicked in on Dec. 1, 2006.

New rules in Idaho and New Jersey took effect last year, while rules in Indiana, Minnesota, Montana and New Hampshire began this year. Arizona's rules are effective starting on Jan. 1, 2008. Proposed rules are on the table in Maryland, Nebraska and Ohio. In addition, committees at the California, Illinois and Tennessee courts and the Washington State Bar Association are studying the issue.


Also, smaller firms are wrestling with the issue of cost, such as searching the country for experts on long-obsolete programming languages.

Practitioners are still struggling with the price tag for producing electronically stored documents, such as reviewing a computer hard drive, said David Herr, who heads the appeals department at Maslon Edelman Borman & Brand in Minneapolis and serves on a rules committee for the Minnesota Supreme Court.

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