Bermudez, Victor - E-Discovery of Social Media: Pleadings, Practitioner Materials, & Forms

More and more states are adopting statutes and court rules addressing the discovery of electronically stored information.  Here is a current list with links to the relevant provisions.  Please note also that many judges have created their own forms or have crafted their own preferred protocols for e-discovery.  These are generally available on the website of the individual judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.*

Alabama
Rules of Civil Procedure
Rule 16 Pre-trial conferences; scheduling; management.
Rule  26 General provisions governing discovery.
Rule 33 Interrogatories to parties.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes.
Rule 37 Failure to make discovery: Sanctions.
Rule 45. Subpoena.
Form 51A

Rule of Evidence 510 Waiver of privilege by voluntary disclosure.

Alaska
Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Provisions Governing Discovery; Duty of Disclosure
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Information, and Things, and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosure or Cooperate in Discovery: Sanctions
Rule 45 Subpoena

Arizona
Rules of Civil Procedure for the Superior Courts of Arizona 
Rule 16 Pre-trial conferences; scheduling management
Rule 16.3  Initial Case Management Conference in Cases Assigned to the Complex
Civil Litigation Program
Rule 26 General Provisions Governing Discovery
Rule 26.1  Prompt Disclosure of Information
Rule 26.2  Exchange of Records and Discovery Limitations in Medical Malpractice
Cases
Rule 33  Uniform and Non-uniform Interrogatories; Limitations; Procedure
Rule 34  Production of documents, electronically stored information, and things and
entry upon land for inspection and other purposes
Rule 37 Failure to Make Disclosure or Discovery; Sanctions
Rule 45 Subpoena
Rule 45.1 Interstate Depositions and Discovery

Rules of Family Law Procedure
Rule 49 Disclosure
Rule 51 Discovery
Rule 52 Subpoena
Rule 62 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Rule 65 Failure to Make Disclosure or Discovery; Sanctions

Justice Court Rules of Civil Procedure
Rule 122 General provisions regarding discovery.
Rule 125 Request for production of documents, electronically stored information, and things; request for entry upon land for inspection and other purposes.
Rule 127 Discovery violations.
Rule 131 Pretrial conference; settlement conference.

Rules of Evidence
Rule 101 Scope; Definitions
Rule 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Rule 1001 Definitions that Apply to This Article

Arkansas
Rule 26 General Provisions Governing Discovery

Rule 26.1 Electronic Discovery 

Ark. R. Evid. 502. Lawyer Client Privilege

California
In 2009 the California Code of Civil Procedure was amended by the Electronic Discovery Act to address the discovery of electronically stored information.  In 2012, additional amendments addressing electronic discovery were adopted and became effective on January 1, 2013.

The Electronic Discovery Act of 2009 is available here.

Senate Bill 1574, Discovery; electronically stored information (adopting the 2013 amendments) is available here.

The California Code of Civil Procedure is available here (scroll to Civil Discovery Act, Part 4, Title 4).

Rule 3.724 Duty to meet and confer

State Bar of California e-Discovery Pocket Guide

Colorado
Colorado Rule of Civil Procedure 16 Case Management and Trial Management (choose CO Court Rules > CO Rules of Civil Procedure > Ch. 2 Pleadings and Motions)
Proposed Case Management Order (choose CO Court Rules > CO Rules of Civil Procedure > Appendix to Chapters 1 to 17A > Forms > Form JDF 622)

Rule of Evidence 502 Attorney-Client Privilege and Work Product; Limitations on Waiver

Connecticut
2016 Connecticut Practice Book
Sec. 13-1. Definitions
Sec. 13-2. Scope of Discovery; In General.
Sec. 13-5. Protective Order
Sec. 13-9. Requests for Production, Inspection and Examination; In General
Sec. 13-14. Order for Compliance; Failure to Answer or Comply with Order
Sec. 13-33. Claim of Privilege or Protection After Production

Delaware
Superior Court – Complex Commercial Litigation Division
E-Discovery Plan Guidelines

Court of Chancery Rules 
Rule 26. General provisions concerning discovery.
Rule 30. Depositions upon oral examination.
Rule 34. Production of documents, electronically stored information, and tangible things and entry upon land for inspection and other purposes.
Rule 45. Subpoena.

Guidelines to Help Lawyers Practicing in the Court of Chancery

Evidence Rule 510. Waiver of Privilege or Work Product; Limitations on Waiver

District of Columbia
D.C. Superior Court Rules of Civil Procedure
Rule 16. Pretrial Conferences; Pretrial Status Conferences; Scheduling; Management
Rule 26. Duty to Disclose; General Provisions Governing Discovery
Rule 33. Interrogatories to Parties
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37. Failure to Cooperate in Discovery; Sanctions
Rule 45. Subpoena

Florida
Florida Rules of Civil Procedure
Rule 1.200 Pretrial Procedure
Rule 1.201 Complex Litigation
Rule 1.280 General Provisions Governing Discovery
1.340 Interrogatories to Parties
Rule 1.350 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 1.380 Failure to Make Discovery; Sanctions
Rule 1.410 Subpoena

Statewide Uniform Guidelines for the Taxation of Costs in Civil Actions

Florida Family Law Rules of Procedure
Rule 12.200 Case Management and Pretrial Conferences

Georgia
Rule 5.4 Early Planning Conference and Discovery Plan

Hawai’i
Hawai’i Rules of Civil Procedure
Rule 26. General Provisions Governing Discovery
Rule 30.  Depositions Upon Oral Examination
Rule 33.  Interrogatories to Parties
Rule 34.  Production of Documents, Electronically Stored Information and Tangible Things and Entry Upon Land for Inspection and Other Purposes
Rule 37.  Failure to Make or Cooperate in Discovery; Sanctions.
Rule 45. Subpoena

Idaho
Rules of Civil Procedure
Rule 33 Interrogatories to parties — Availability — Procedures for use.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes — Scope
Rule 45 Subpoena — For attendance of witnesses — Issuance.

Idaho Rules of Family Law Procedure
Rule 415. Option to Produce Records
Rule 416. Production of Documents and Things; Entry on Land
Rule 424. Subpoena for Taking Depositions – Place of Examination
Rule 711. Subpoenas

Illinois
Rule 201 General Discovery Provisions

Rule 214 Discovery of Documents, Objects, and Tangible Things – Inspection of Real Estate
Rule 218 Pretrial Procedure

Rule of Evidence 502 Attorney-Client Privilege and Work Product; Limitations on Waiver

Indiana 
Indiana Rules of Trial Procedure
Rule 26.  General provisions governing discovery
Rule 34.  Production of documents, electronically stored information, etc.
Rule 37.  Failure to make or cooperate in discovery; Sanctions

Indiana Rules of Evidence
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

Iowa
Iowa Rules of Civil Procedure
Rule 1.503 Scope of Discovery
Rule 1.504 Protective Orders
Rule 1.507 Discovery Conference
Rule 1.509 Interrogatories to Parties
Rule 1.512 Production of documents, electronically stored information and things; entry upon land for inspection and other purposes
Rule 1.517 Consequences of failure to make discovery
Rule 1.602 Pretrial conferences; scheduling; management
Rule 1.1701  Subpoena
Form 13  Subpoena Form to Testify at Deposition or Produce Documents
Form 14  Subpoena Form to Testify at Hearing or Trial|
Form 15  Subpoena From to Produce Documents or Permit Inspection

Iowa District Court Trial Scheduling Order
Rule 23.5 – Form 2: Trial Scheduling Order

Iowa Rule of Evidence 5.502

Kansas
Rules of Civil Procedure
§ 60-216 Pretrial conferences; case management conference
§ 60-226 General provisions governing discovery
§ 60-228a Uniform interstate depositions and discovery act
§ 60-233 Interrogatories to parties
§ 60-234 Production of documents, electronically stored information and things and
entry upon land for inspection and other purposes
§ 60-237 Compelling discovery; failure to comply; sanctions
§ 60-245 Subpoenas
§ 60-245a Subpoena of nonparty business records

§ 60-426a Attorney-client privilege and work product; limitations on waiver

Louisiana
Code of Civil Procedure
CCP 1424 – Scope of discovery; trial preparation; materials
CCP 1460 – Option to produce business records
CCP 1461 – Production of documents and things; entry upon land; scope
CCP 1354 – Subpoena deuces tecum
CCP 1471 – Failure to comply with order compelling discovery; sanctions
CCP 1551 – Pretrial and scheduling conference; order
CCP 1462 – Production of documents and things; entry upon land; procedure

Maine
Rules of Civil Procedure 
Rule 16 Pretrial Procedure in the Superior Court
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Discovery; Sanctions

Maine Rules of Unified Criminal Procedure
Rule 15 Depositions
Rule 16 Discovery by the Defendant
Rule 17A Subpoena for Production of Documentary Evidence or Tangible Objects by a NonParty

Maryland 
Maryland Rules of Civil Procedure – Circuit Court
Rule 2-402 Scope of discovery.
Rule 2-421 Interrogatories to parties.
Rule 2-422 Discovery of documents, electronically stored information, and property.
Rule 2-433 Sanctions.
Rule 2-504 Scheduling order.
Rule 2-504.1 Scheduling conference.
Rule 2-510 Subpoenas

Massachusetts
Massachusetts Rules of Civil Procedure
Rule 16. Pre-trial Procedure: Formulating Issues
Rule 26. General Provisions Governing Discovery
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes
Rule 37. Failure to Make Discovery: Sanctions
Rule 45. Subpoena

Michigan
Rules of Civil Procedure
Rule 2.302 General Rules Governing Discovery
Rule 2.310 Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes
Rule 2.313 Failure to Provide or Permit Discovery; Sanctions
Rule 2.401 Pretrial Procedures; Conferences Scheduling Orders
Rule 2.506 Subpoena; Order to Attend

Minnesota
Minnesota Rules of Civil Procedure
Rule 1. Scope of Rules
Rule 16. Pretrial Conference; Scheduling; Management
Rule 26. General Provisions Governing Discovery
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37. Failure to Make Discovery or Cooperate in Discovery: Sanctions
Rule 45. Subpoena

General Rules of Practice
Rule 146 Complex Cases (see 146.05 Case Management Order and Scheduling Order)

Mississippi
Mississippi Rules of Civil Procedure
Rule 26. General Provisions Governing Discovery
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 45. Subpoena

Missouri
Rules of the Court of the Twenty-fifth Judicial Circuit (Maries, Phelps, Pulaski and Texas Counties)
Rule 32.3 Electronic Discovery

Montana 
Montana Rules of Civil Procedure
Rule 16(b). Scheduling and planning
Rule 26(b). Discovery scope and limits
Rule 26(f). Discovery conference
Rule 33(c). Option to produce business records
Rule 34(a). Scope
Rule 34(b). Procedure
Rule 37(e). Electronically stored information
Rule 45(a). Form – issuance
Rule 45(c). Protection of persons subject to or affected by subpoenas
Rule 45(d). Duties in responding to subpoena

More and more states are adopting statutes and court rules addressing the discovery of electronically stored information.  Here is a current list with links to the relevant provisions.  Please note also that many judges have created their own forms or have crafted their own preferred protocols for e-discovery.  These are generally available on the website of the individual judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.*

Nebraska
Rules of Discovery in Civil Cases
§ 6-333   Interrogatories to parties
§ 6-334   Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes
§ 6-334A Discovery from a non-party without a deposition

Nevada
Nevada Rules of Civil Procedure
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes

New Hampshire
Rule 21. General Provisions
Rule 25.  Discovery of Electronically Stored Information (ESI)

New Jersey
Part I – Rules of General Application 
Rule 1.9. Subpoenas

Part IV – Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate’s Courts
Rule 4:5B. Case Management; Conferences
Rule 4:10. Pretrial Discovery
Rule 4:17. Interrogatories to Parties
Rule 4:18. Discovery and Inspection of Documents and Property; Copies of Documents
Rule 4:23. Failure to Make Discovery; Sanctions

Rules Governing Criminal Practice
3:13 Depositions, Discovery

Rules Governing Practice in the Municipal Courts
7.7 Pretrial Procedures

New Mexico  
Rules of Civil Procedure for District Courts 
Rule 1-016 Pretrial conferences; scheduling; management
Rule 1-026 General provisions governing discovery
Rule 1-033 Interrogatories to parties
Rule 1-034 Production of documents and things and entry upon land for inspection and other purposes
Rule 1-037 Failure to make discovery; Sanctions
Rule 1.045 Subpoena.
Rule 1.045.1 Interstate subpoenas.

New York
NYSBA Best Practices in E-Discovery in New York State and Federal Courts

CPLR § 3119 Uniform interstate depositions and discovery (No Link Available)

Uniform Civil Rules of the Supreme and County Courts, § 202.70 Commercial Division of the Supreme Court
Rule 1. Appearance by Counsel with Knowledge and Authority.
Rule 8. Consultation prior to Preliminary and Compliance Conferences.
Rule 11. Discovery
Rule 11-C. Discovery of Electronically Stored Information from Nonparties
Appendix A. Guidelines for Discovery of Electronically Stored Information from Nonparties

Uniform Civil Rules for the Supreme Court and the County Court 
Section 202.12 Preliminary conference

Nassau County Supreme Court, Commercial Division Rules
Guidelines for Discovery of Electronically Stored Information (“ESI”)
Form: Preliminary Conference Stipulation and Order

Queens County Supreme Court, Commercial Division Rules
See Conferences Rule 5. Consultation among counsel prior conferences

North Carolina
Rules of Civil Procedure
Rule 16. Pre-trial procedure; formulating issues.
Rule 26. General provisions governing discovery (with amendment, effective Oct. 1, 2015, available here)
Rule 33. Interrogatories to parties
Rule 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes.
Rule 37. Failure to make discovery; sanctions.
Rule 45. Subpoena

Local Rules of North Carolina Business Court
See Rule 17.1 – Case Management Meeting
See Rule 18.6 – Conference of Attorneys with Respect to Motions and Objections Relating to Discovery
(Effective July 31, 2006)

Rules for Superior Court Judicial District 15B
Rule 6. Discovery

North Dakota
North Dakota Rules of Civil Procedure
Rule 16   Pretrial Conferences; Scheduling; Management.
Rule 26   General Provisions Governing Discovery.
Rule 33   Interrogatories to Parties.
Rule 34   Production of Documents and Things and Entry Upon Land for Inspection
and Other Purposes
Rule 37   Failure to Make or Cooperate in Discovery; — Sanctions.
Rule 45   Subpoena.

Ohio
Ohio Rules of Civil Procedure
Rule 16 Pretrial Procedure
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena

Cuyahoga County Court of Common Pleas
23.1 Discovery of Electronically Stored Information

Oklahoma
Rule 5. Pretrial Proceedings

Chapter 39. Oklahoma Pleading Code
Section 2004.1 – Subpoena

Chapter 40. Oklahoma Evidence Code
Section 2502 – Attorney-Client Privilege

Chapter 41. Discovery Code.
Section 3226 – General Provisions Governing Discovery
Section 3233 – Interrogatories to Parties
Section 3234 – Production of Documents and Things and Entry upon Land for Inspection and  Other Purposes
Section 3237 – Failure to Make or Cooperation in Discovery – Sanctions

Oregon
Oregon Rules of Civil Procedure
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Oregon Tax Court Rules
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Pennsylvania
Pennsylvania Rules of Civil Procedure: Chapter 4000. Depositions and Discovery
Rule 4009.1 Production of Documents and Things. General Provisions
Rule 4009.11 Requests Upon a Party for Production of Documents and Things
Rule 4009.12 Answer to Request Upon a Party or Production of Documents and Things
Rule 4009.21 Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections
Rule 4009.23 Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received
Rule 4011 Limitation of Scope of Discovery [and Deposition]

Rhode Island
Superior Court Rules of Civil Procedure
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes

Family Court Rules of Domestic Relations Procedure
Rule 34.  Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes

District Court Civil Rules
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes

South Carolina 
Rule 16 Pre-Trial Procedure: Formulating Issues
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena

Tennessee
Rules of Civil Procedure
Rule 16  Scheduling and Planning, Pretrial, and Final Pretrial Conferences and Orders
Rule 26  General Provisions Governing Discovery
Rule 33  Interrogatories to Parties
Rule 34  Production of Documents and Things and Entry Upon Land for Inspection and  Other Rule Purposes
Rule 37  Failure to Make or Cooperate in Discovery: Sanctions
Rule  45  Subpoena

Rules of Evidence
Rule 502 Limitations on Waiver of Privileged Information or Work Product

Texas
Texas Rules of Civil Procedure
TRCP 193.3 Asserting a Privilege (subsection (d) Privilege not waived by production)
TRCP 196.4 Electronic or Magnetic Data

Utah
Utah Rules of Civil Procedure (with amendments, effective May 1, 2015, available here)
Rule 16 Pretrial Conferences
Rule 26 General provisions governing disclosure and discovery.
Rule 26.02 Disclosure in personal injury actions
Rule 33 Interrogatories to parties
Rule 34 Production of documents and things and entry upon land for inspection and other purposes
Rule 37 Discovery and disclosure motions; Sanctions.
Rule 45 Subpoena

Vermont
Rules of Civil Procedure (scroll down from top to find Rules of Civil Procedure)
Rule 16.2 Scheduling Orders
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena

Rules of Evidence (scroll down)
Rule 510 Waiver of Privilege and Work-Product by Disclosure

Virginia
Practice and Procedure in Civil Actions (No Link Currently Available)
Rule 4:1 General Provisions Governing Discovery
Rule 4:4 Stipulations Regarding Discovery
Rule 4:8 Interrogatories to Parties
Rule 4:9 Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land for Inspection and Other Purposes; Production at Trial.
Rule 4:9A Production from Non-Parties of Documents, Electronically Stored Information, and
Things and Entry on Land for Inspection and Other Purposes; Production at Trial
Rule 4:13 Pretrial Procedure; Formulating Issues

Washington
ER 502     Attorney-Client Privilege and Work Product; Limitations on Waiver

Civil Rule 33 Interrogatories to Parties
Civil Rule 34 Producing Documents, Electronically Stored Information, and Things or Entry onto Land for Inspection and Other Purposes

West Virginia
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

Wisconsin
Chapter 802 Civil Procedure – Pleadings, Motions and Pretrial Practice
§ 802.10 Calendar practice.

Chapter 804 Civil Procedure – Depositions and Discovery
§ 804.01 General provisions governing discovery.
§ 804.08 Interrogatories to parties.
§ 804.09 Production of documents and things and entry upon land for inspection and other purposes
§ 804.12 Failure to make discovery; sanctions.

Chapter 805 Civil Procedure – Trials
§ 805.07 Subpoena

Chapter 905 Evidence – Privileges
905.03 Lawyer-client privilege (see (5)(a) Effect of Inadvertent Disclosure)

Wyoming
Wyoming Rules of Civil Procedure
Rule 16  Pretrial Conferences; Scheduling; Management
Rule 26  General Rules Governing Discovery, Duty of Disclosure
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Inforamtion, and Things and Entry Upon land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or Cooperate in Discovery; Sanctions
Rule 45 Subpoena

Many United States District Courts now require compliance with special local rules, forms or guidelines addressing the discovery of electronically stored information.  Below is a collection of those local rules, forms and guidelines, with links to the relevant materials.  Please note also that many individual judges and magistrate judges have created their own forms or have crafted their own preferred protocols for e-discovery.  These are generally available on the website of the individual judge or magistrate judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.

District of Alaska
Local Rules (Civil) 
Local Form 26(f):  Scheduling and Planning Conference Report
Local Rule 16.1 Pre-Trial Procedures (requiring use of Local Form 26(f) or one substantially similar)

Eastern and Western Districts of Arkansas
Local Rule 26.1 Outline for Fed. R. Civ. P. 26(f) Report

Northern District of California
Joint Case Management Statement & Proposed Order

Guidelines for Electronic Discovery in Criminal Cases
Electronic Discovery Protocol (“Recommendations for ESI Discovery Production in Federal Criminal Cases”)
Electronic Discovery Suggested Practices (“Suggested Practices Regarding Discovery in Complex Cases”)
Recommended E-Discovery Practices (“Recommended E-Discovery Practices for Federal Criminal Justice Act Cases”)
Initial Discovery and 3rd Party Assessment Checklist

E-Discovery (ESI) Guidelines (Court’s e-Discovery page)
Guidelines for the Discovery of Electronically Stored Information
ESI Checklist for use during the Rule 26(f) meet and confer process
Model Stipulated Order Re: Discovery of Electronically Stored Information (Standard Cases)
Model Stipulated Order Re: Discovery of Electronically Stored Information (Patent Cases)
Standing Order for All Judges of the Norther District of California

Southern District of California
Local Rules (Scroll down to Local Patent Rules)
2.1 Governing Procedure
2.6 Model Order for Electronically Stored Information (“ESI”)

Model Order Governing Discovery of Electronically Stored Information in Patent Cases

District of Colorado
Civil Case Scheduling Order
Scheduling Order in a Patent Case

District of Connecticut 
Local Rules 16(b), 26, 37 and Form 26(f)

District of Delaware
Default Standard for Discovery
Electronic Discovery Default Standard
Default Standard for Access to Source Code

United States Bankruptcy Court, District of Delaware
Del. Bankr. L.R. 7026-3 Discovery of Electronic Documents “(E-Discovery)”

Middle District of Florida
Civil Discovery Practice Handbook (see Part VII “Technology”)

Southern District of Florida
United States District Court for the S.D. Florida, Local Rules
Rule 16.1 Pretrial Procedure in Civil Actions
Rule 26.1 Discovery and Discovery Material (Civil)

Northern District of Georgia
Civil Local Rules
LR 16.2 Joint Preliminary Report and Discovery Plan

Appendix B: Documents Associated with Civil Cases Pending in the United States District Court Northern District of Georgia

United States Bankruptcy Court, District of Hawaii
LBR 2004-1. Rule 2004 Examinations

District of Idaho
Rule 16.1 Scheduling Conference, Voluntary Case Management Conference (VCM) and Litigation Plans 

Northern District of Illinois 
Local Patent Rules for Electronically Stored Information

Northern District of Indiana
Report of Parties’ Planning Meeting

Southern District of Indiana
Rule 16.1 Pretrial Procedures (requiring use of Uniform Case Management Plan)

Case Management Plans
Uniform Case Management Plan for Civil Cases
ESI Supplement to Report of the Parties’ Planning Meeting

Uniform Patent Case Management Plans (Patents)
Phase I (Pre-Markman Ruling)
ESI Supplement to Report of the Parties Planning Meeting

Phase II (Post-Markman Ruling)

Track 3 Patent Management Plan
ESI Supplement to Report of the Parties’ Planning Meeting

Northern and Southern Districts of Iowa
Scheduling Order and Discovery Plan
Instructions and Worksheet for Preparation of Scheduling Order and Discovery Plan and Order Requiring Submission of Same
Local Rule 16.1 Scheduling Order and Discovery Plan (requiring use of form)
Local Rule 26.1 Pretrial Discovery and Disclosures (requirement to submit discovery plan satisfied by submission of form Scheduling Order and Discovery Plan)

District of Kansas
Guidelines for Discovery of Electronically Stored Information

Initial Order Regarding Planning and Scheduling (scroll to Civil Forms)

Middle District of Louisiana
Local Civil Rule 26 General Provisions Governing Discovery; Duty of Disclosure

District of Maryland
Suggested Protocol for Discovery of Electronically Stored Information

Local Rules 
Rule 802 Scheduling Conference
Stipulated Order Regarding Confidentiality of Discovery Material and Inadvertent Disclosure of Privileged Material
Appendix A: Discovery Guidelines of the United States District Court for the District of Maryland

United States Bankruptcy Court, District of Maryland
Appendix C: Discovery Guidelines of the United States District for the District of Maryland

District of Massachusetts
Local Rule 16.6 Scheduling and Procedures in Patent Infringement Cases

District of Minnesota
Local Rules of Civil Procedure
Form 3 Rule 26(f) Report
Form 4 Rule 26(f) Report (Patent Cases)

Northern and Southern Districts of Mississippi
Local Uniform Civil Rules
Rule 26 Discovery Control
Rule 45 Subpoena
Case Management Order

Eastern District of Missouri
Rule 26-3.01 Federal Rule of Civil Procedure 26

District of Nebraska
Form 35:  Report of Parties’ Rule 26(f) Planning Conference

District of New Hampshire
Local Rule 26.1 Discovery Plan
Civil Form 2:  Sample Discovery Plan

District of New Jersey
Local Rule 26.1 Discovery (see subpart (d))

Eastern District of New York
Local Rule 26.3 Uniform Definitions in Discovery Requests

Northern District of New York
General Order 25 (see subsection G of Case Management Plan form)

Southern District of New York
Local Rule 26.3 Uniform Definitions in Discovery Requests

Western District of New York
Local Rules of Civil Procedure
Rule 16 Alternative Dispute Resolution and Pretrial Conferences
Rule 26 General Rules Governing Discovery

Local Patent Rules
Rule 2. General Provisions
[Model] Order Regarding e-Discovery in Patent Cases

Western District of North Carolina
Local Civil Rule 16.1 Pretrial Conferences (see subpart (G) Initial Pretrial Conference)

Northern District of Ohio
Local Rules, Appendix K: Default Standards for Discovery of Electronically Stored Information (“E-Discovery”)

Rule 16.3 Track Assignment and Case Management Conference

Local Patent Rules 
Appendix A: Stipulated Protective Order
Appendix B: Report of Parties’ Planning Meeting in Patent Cases

Southern District of Ohio
Rule 26(f) Report of Parties (Western Division at Dayton) 
Rule 26(f) Report of the Parties (Eastern Division)

General Order No. 12-01. Pretrial and Trial Procedures [Dayton]

Northern District of Oklahoma
Guidelines for Discovery of Electronically Stored Information

Western District of Oklahoma
Local Court Rules 
LCrR 16.1 Discovery Conference
Appendix II, Form: Joint Status Report and Discovery Plan

Best Practices for Electronic Discovery of Documentary Materials in Criminal Cases

District of Oregon
LR 26-6 E-Discovery in Patent Cases
Model Order Regarding E-Discovery in Patent Cases

Eastern District of Pennsylvania
Report of Rule 26(f) Meeting

Middle District of Pennsylvania
Rules of Court
26.1 Duty to Investigate and Disclose
Appendix A Joint Case Management Plan

Western District of Pennsylvania
Local Rules of Court (See Local Civil Rules)
Local Rule 16.1 Pretrial Procedures
Local Rule 26.2 Discovery of Electronically Stored Information
Local Rule 34 Serving and Responding to Requests for Production in Electronic Form
Appendix 16.1A: 26(f) Report of the Parties
Appendix 23.E: 26(f) Joint Report of the Parties (Class Action)

U.S. Bankruptcy Court for the Western District of Pennsylvania
Local Rules of the U.S. Bankruptcy Court for the Western District of Pennsylvania
7026-1 Discovery of Electronic Documents (“E-Discovery”)
7026-2 Electronic Discovery Special Master

District of Puerto Rico
Rule 16 Pretrial Conferences; Scheduling; Management

Middle District of Tennessee
Administrative Order No. 174: Default Standard for Discovery of Electronically Stored Information (“E-Discovery”)

Western District of Tennessee
Local Rules: Civil
Local Rule 26.1 Discovery in Civil Cases
Appendix G LR 16.2 Track 3 (Expedited) Scheduling Order
Appendix H LR 16.2 Track 4 (Standard) Scheduling Order
Appendix I LR 16.2 Track 5 (Complex) Scheduling Order

Local Patent Rules
Appendix A: Stipulated Patent Case Protective Order
Appendix B: Joint Planning Report and Proposed Schedule

Eastern District of Texas
[Model] Order Regarding e-Discovery in Patent Cases

Northern District of Texas
Amended Miscellaneous Order No. 62 (Dallas Division, Patent Cases) (see item 2.1(a)(2))

Southern District of Texas
Local Rules of Practice for Patent Cases Rule 2-1. Procedure

District of Utah
Attorney’s Planning Meeting Report

United States Bankruptcy Court, District of Utah
Form 35: Report of the Parties’ Planning Meeting

District of Vermont
Rule 26. Discovery

Western District of Washington
Local Rules of Civil Procedure
Rule 26 Duty to Disclose; General Provisions Governing Discovery
(Effective Dec. 1, 2012)

Model Agreement Regarding Discovery of Electronically Stored Information

Criminal Rule (CrR.) 16 Discovery and Inspection

Southern District of West Virginia
Report of Parties’ Planning Meeting
Local Rule 16.1 Scheduling Conferences (requiring use of court’s form)

Eastern District of Wisconsin
Local Rules 
Civil L. R. 16 Pretrial Conferences; Scheduling; Management; Alternative Dispute
Resolution
Civil L. R. 26 Duty to Disclose; General Provisions Governing Discovery

District of Wyoming
Local Civil Rules
26.1 Discovery
26.2 Electronically Stored Information (ESI)

Rules of the U.S. Court of International Trade 
Rule 16 Postassignment Conferences; Scheduling; Management
Rule 26 Duty to Disclose; General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 45 Subpoena

United States Tax Court Rules of Practice and Procedure
Rule 70 General Provisions
Rule 71 Interrogatories
Rule 72 Production of Documents, Electronically Stored Information, and Things
Rule 82 Depositions Before Commencement of Case
Rule 103 Protective Orders
Rule 104 Enforcement Action and Sanctions
Rule 147 Subpoena

Rules of the United States Court of Federal Claims  
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 Duty to Disclose; General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 45 Subpoena