Louisiana Amends Three More Rules to Address Treatment of Electronically Stored Information

Effective January 1, 2009, Louisiana has adopted amendments to several civil rules to specifically address the treatment of electronically stored information.

CCP 1354 Subpoena deuces tecum – was amended to govern the form of electronically stored information produced in response to a subpoena duces tecum and specifically addresses the format of production and production of documents not reasonably accessible, among other things.

CCP 1471 Failure to comply with order compelling discovery; sanctions – was amended to establish that where electronically stored information is lost as the result of a routine, good-faith operation of an electronic information system, a court may not impose sanctions pursuant to this rule.

CCP 1551 Pretrial and scheduling conference; order – was amended to specifically direct consideration of discovery of electronically stored information in the pre-trial order.

For a current list of all states that have enacted special e-discovery rules, see our updated post here.