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State Court Rules CCJ Guidelines | NCCUSL Uniform Rules Click below to select State Court Rules by state. Alabama | Alaska | Arizona | Arkansas | California | Colorado Connecticut | Delaware | Dist. of Columbia | Florida | Georgia Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky Louisiana | Maine | Maryland | Massachusetts | Michigan Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada New Hampshire | New Jersey | New Mexico | New York North Carolina | North Dakota | Ohio | Oklahoma | Oregon Pennsylvania | Rhode Island | South Carolina | South Dakota Tennessee | Texas | Utah | Vermont | Virginia | Washington West Virginia | Wisconsin | Wyoming Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information In August 2006, the Conference of Chief Justices (“CCJ”) approved the “Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information.” While not binding on state courts, the guidelines are intended to provide consistency among state court rulings related to the production of electronic information in the discovery process. Although similar to the Federal Rule amendments, the guidelines do contain some differences. Most notably, the guidelines have a more expansive definition of “electronically stored information” based on section 29 of the American Bar Association Standards Relating to Electronic Discovery. Unlike the Federal Rules, the guidelines define “accessible information” as that which is “easily retrievable in the ordinary course of business without undue cost and burden.” The guidelines also follow the three-tiered cost shifting approach set forth in Zubulake v. UBS Warburg LLC (“Zubulake III”), 216 F.R.D. 280 (S.D.N.Y. 2003). Click here for more information  Uniform Rules Relating to the Discovery of Electronically-Stored Information In August of 2007, the National Conference of Commissioners of Uniform State Laws (“NCCUSL”), best known as the author of the Uniform Commercial Code, approved the Uniform Rules Relating to Discovery of Electronically Stored Information. Click here for more information Alabama Alabama has not amended its civil rules to include e-discovery-related amendments. Back to top of State Court Rules page " Alaska The Alaska Supreme Court is currently considering amendments to the Alaska Rules of Court to include provisions related to the discovery of electronically stored information. Click here for more information Back to top of State Court Rules page " Arizona The Arizona Supreme Court has enacted e-discovery amendments to the Arizona Rules of Civil Procedure based on the Federal Rules amendments. The rules were effective January 1, 2008. Click here for more information Back to top of State Court Rules page " Arkansas The Arkansas Supreme Court has enacted amendments to the Arkansas Rules of Civil Procedure governing e-discovery and the inadvertent production of privileged information. Click here for more information Back to top of State Court Rules page " California The Judicial Council of California has issued proposed electronic discovery amendments to the Californai Code of Civil Procedure and the California Rules of Court. Click here for more information Back to top of State Court Rules page " Colorado Colorado has not amended its civil rules to include e-discovery-related amendments. Back to top of State Court Rules page " Connecticut Connecticut has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Delaware Delaware has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " District of Columbia The Superior Court for the District of Columbia is currently in the process of revising its local rules to include e-discovery amendments. Back to top of State Court Rules page " Florida The Florida Bar has created a subcommittee to look into implementing state court rules modeled after the Federal Rules. Back to top of State Court Rules page " Georgia Georgia has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Hawaii Hawaii has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Idaho Idaho amended the Idaho Rules of Civil Procedure effective July 1, 2006 to include provisions modeled on the Federal and Texas rules. Click here for more information Click here for more information Back to top of State Court Rules page " Illinois The Illinois Judicial Conference has created a subcommittee to look into implementing state court rules modeled after the Federal Rules. Back to top of State Court Rules page " Indiana The Indiana Supreme Court has approved e-discovery amendments based on the Federal Rules, effective January 1, 2008. Click here for more information Back to top of State Court Rules page " Iowa The Iowa Supreme Court has amended its court rules to address electronically stored information. The rules are effective May 1, 2008. Click here for more information Back to top of State Court Rules page " Kansas It has been reported that the procedural subcommittee of the Judicial Council approved a motion seeking the adoption of the e-discovery amendments to the Federal Rules. Back to top of State Court Rules page " Kentucky Kentucky has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Louisiana Louisiana has enacted some, but not all of the 2006 FRCP ediscovery amendments. Click here for more information Back to top of State Court Rules page " Maine Maine has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Maryland Maryland’s rules relating to electronically stored information went into effect January 1, 2008. Click here for more information Back to top of State Court Rules page " Massachusetts Massachusetts has not amended its rules to include e-discovery-related amendments. . However, Supreme Judicial Court Chief Justice Margaret Marshall chaired the Conference of Chief Justices task for that drafted the Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information. Back to top of State Court Rules page " Michigan It has been reported that Michigan is considering amendments to the Michigan court rules to address electronically stored information. Back to top of State Court Rules page " Minnesota The Minnesota Supreme Court has adopted the FRCP ediscovery amendments for its Rules of Civil Procedure. Click here for more information Back to top of State Court Rules page " Mississippi In 2003, Mississippi adopted ediscovery amendments to its Rule 26 ("General Provisions Governing Discovery"). Back to top of State Court Rules page " Missouri Missouri has not amended its civil rules to include e-discovery-related amendments. Back to top of State Court Rules page " Montana The Supreme Court of Montana incorporated all of the Federal Rules e-discovery amendments to its civil rules with the exception of the Rule 26(f) "meet and confer,” as Montana has no such requirement. Click here for more information Back to top of State Court Rules page " Nebraska Nebraska is currently considering amending certain of its civil rules to parallel Federal Rules 33 and 34 Click here for more information Back to top of State Court Rules page " Nevada Nevada has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " New Hampshire New Hampshire Superior Court Rule 62 was amended March 1, 2007 to require discussion of e-discovery at a meet and confer. Click here for more information Back to top of State Court Rules page " New Jersey The New Jersey Court Rules were amended to include electronically stored information. Click here for more information Back to top of State Court Rules page " New Mexico It has been reported that the Rules Committee has completed work on a draft based on the Federal Amendments, excluding the safe harbor provision of Federal Rule 37(e). Back to top of State Court Rules page " New York New York has not amended its civil rules to include e-discovery-related amendments. However, the Rules of Practice for the Commercial Division of the Supreme Court were amended in 2006 to require consultations regarding e-discovery issues prior to a preliminary conference. Back to top of State Court Rules page " North Carolina North Carolina has not amended its civil rules to include e-discovery-related amendments. The North Carolina Business Courts Rules do include a discussion of e-discovery issues. Click here for more information Back to top of State Court Rules page " North Dakota North Dakota has amended its civil rules to include ediscovery-related amendments, effective March 1, 2008. Click here for more information Back to top of State Court Rules page " Ohio Proposed e-discovery-related amendments to the Ohio Rules of Civil Procedure have been published for comment through 3/4/2008. Click here for more information Back to top of State Court Rules page " Oklahoma Oklahoma has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Oregon Oregon has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Pennsylvania Pennsylvania has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Rhode Island Rhode Island has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " South Carolina South Carolina has not amended its civil rules to include e-discovery-related amendments. It has been reported that the South Carolina Bar Practice and Procedure Committee is looking into possible amendments. Back to top of State Court Rules page " South Dakota South Dakota has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Tennessee Tennessee has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Texas Texas Rule of Civil Procedure §§196.3 and 196.4 address electronic data. Back to top of State Court Rules page " Utah Utah has amended its civil rules to include ediscovery-related amendments, effective November 1, 2007. Click here for more information Back to top of State Court Rules page " Vermont Vermont has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Virginia The Advisory Committee on Rules of Court has proposed rules amendments. Comments were due on March 15, 2008. Click here for more information Back to top of State Court Rules page " Washington Washington has not amended its civil rules to include e-discovery-related amendments. It has been reported that the Washington State Rules Committee has proposed adoption of the provisions of the Federal Rules. Back to top of State Court Rules page " West Virginia West Virginia has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Wisconsin Wisconsin has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page " Wyoming Wyoming has not amended its civil rules to include ediscovery-related amendments. Back to top of State Court Rules page "
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