Federal District Courts and Courts of Appeal
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Wyoming
Ninth Circuit
Alaska
District of Alaska
Local Form 26(f): Scheduling and Planning Conference Report (Section 4(B) on handling the disclosure and discovery of electronically stored information)
Local Rule 16.1 Pre-Trial Procedures (Section 16(b)(1)
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Arkansas
Eastern and Western Districts of Arkansas
Local Rule 26.1 Outline for Fed. R. Civ. P. 26(f) Report
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California
Northern District of California
Standing Order For All Judges Of The Northern District Of California: Contents Of Joint Case Management Statement (Sections 6 and 8)
Local Rule 16-9 Case Management Statement and Proposed Order (counsel must file a Joint Case Management Statement addressing all topics in Standing Order)
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Colorado
District of Colorado
Appendix F: Scheduling Order (Section 6(f)
Instructions for Preparation of Scheduling Order
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Connecticut
District of Connecticut
January 19, 2007 Order Amending Local Rules (Rule 26(b)(2) and (4) and Rule 37(b)(2).
Local Rules 16(b), 26, 37 and Form 26(F) (Rules 16(b), 26, 27 and Form 26(F))
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Delaware
District of Delaware
Default Standards for Discovery of Electronic Documents
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Florida
Middle District of Florida
Civil Discovery Practice Handbook (Section VII "Technology" A: Preserving and Producing Electronic Information")
Southern District of Florida
Rule 16.1 Pretrial Procedure in Civil Actions
Rule 26.1 Discovery and Discovery Material (Civil)
Appendix A: Discovery Practices Handbook
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Georgia
Southern District of Georgia
Rule 26(f) Report
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IndianaSouthern District of Indiana
Uniform Case Management Plan (Section III(K) discussing preservation and disclosure of electronically stored information)
Rule 16.1 Pretrial Procedures
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IowaNorthern 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
Local Rule 26.1 Pretrial Discovery and Disclosures
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IndianaSouthern District of Indiana
Uniform Case Management Plan (Section III(K) discussing preservation and disclosure of electronically stored information)
Rule 16.1 Pretrial Procedures
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Kansas
District of Kansas
Guidelines for Discovery of Electronically Stored Information
Initial Order Regarding Planning and Scheduling
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Maryland
District of Maryland
Suggested Protocol for Discovery of Electronically Stored Information
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New Hampshire
District of New Hampshire
Local Rule 26.1 Discovery Plan
Civil Form 2: Sample Discovery Plan
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New Jersey
District of New Jersey
Local Rule 26.1 Discovery (Section d)
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Ohio
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
Southern District of Ohio
Rule 26(f) Report of Parties (Western Division at Dayton)
Rule 26(f) Report of Parties (Eastern Division)
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Pennsylvania
Eastern District of Pennsylvania
Report of Rule 26(f) Meeting
Order Governing Electronic Discovery (District Judge Timothy J. Savage)
District Judge Timothy J. Savage's Scheduling and Motion Policies and Procedures
Middle District of Pennsylvania
Local Rule 26.1 Duty to Investigate and Disclose
Western District of Pennsylvania
Local Rule 16.1.1 Scheduling and Pretrial Conferences - Generally
Appendix B: Fed. R. Civ. P. 26(f) Report of the Parties (Section 11)
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Tennessee
Eastern District of Tennessee
Form Scheduling Order (Knoxville) (Senior District Judge Leon Jordan)
Form Scheduling Order (Knoxville) (District Judge Thomas A. Varlan)
Form Scheduling Order (Chattanooga) (Magistrate Judge Susan K. Lee)
Western District of Tennessee
Form Scheduling Order (Western Division) (Magistrate Judge Diane K. Vescovo)
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Texas
Eastern District of Texas
Notice of Scheduling Conference, Proposed Discovery Order, and Proposed Dates for Docket Control Order (Magistrate Judge John D. Love)
Northern District of Texas
Miscellaneous Order No. 62 (Dallas Division, Patent Cases)
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West Virginia
Southern District of West Virginia
Report of Parties' Planning Meeting
Local Rule 16.1 Scheduling Conferences
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Wyoming
District of Wyoming
Local Rule 26.1 Discovery and Appendix D: Rule 26 Conference Checklist
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Ninth Circuit
A release from the Ninth Circuit Office of Circuit Executive Public Information Office has reported that on May 25, 2004, the Ninth Circuit Judicial Council agreed to circulate for preliminary review proposed model rules on electronic discovery for U.S. District Courts within the Ninth Circuit, which includes nine western states and two Pacific Island territories. The proposed rules will be circulated to the Ninth Circuit's Conference of Chief District Judges and to the Committee on Rules of Practice and Procedure of the U.S. Judicial Conference.
According to the release, Chief District Judge David Levi of the Eastern District of California believes the proposed Ninth Circuit rules are "on the same page" as rules proposals recently forwarded to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference by the Advisory Committee on Federal Rules of Civil Procedure. Judge Levi chairs the Standing Committee and is on the Ninth Circuit Judicial Council.
The proposed local rules governing discovery of electronic data and documents for U.S. District Courts within the Ninth Circuit include:
- A four-part Rule 1 that covers parties' duty to investigate, duty to notify, duty to meet and confer, and efforts to agree on the scope of electronic data to preserve;
- A second rule that would limit "the obligation to search for electronic data and documents … to a search of active data that admits of efficient searching and retrieval";
- A third rule would provide for production of electronic data in electronic form with metadata unless otherwise agreed or ordered;
- A fourth rule would allow a responding party to conduct an electronic search of its documents; and
- A fifth rule would provide that in normal circumstances, the responding party would bear the costs of production while the requesting party would bear the costs of obtaining data from "non-active" sources.
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