Welcome Wisconsin! E-Discovery Amendments Become Effective January 1, 2011
On January 1, 2011, the e-discovery amendments to Wisconsin’s rules of civil procedure become effective. The amendments, affecting Wis. Stat. §§ 802.10, 804.01, 804.08, 804.09, 804.12, and 805.07, address for the first time the discovery of electronically stored information (“ESI”). Among other things, the amendments address issues including the parties’ obligation to meet and confer, the format of production, and safe harbor from sanctions when ESI is lost as the result of the routine, good-faith operation of an electronic system.