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 Forms
Proposed Scheduling Order and Instructions
Proposed Scheduling Order in a Patent Case
E-Discovery Checklist for Rule 26(f) Meet-and-Confer Regarding Electronically Stored Information
E-Discovery: Guidelines Addressing the Discovery of Electronically Stored Information
District of Connecticut
Local Rules of Civil Procedure
Rule 16 Status and Settlement Conferences and ADR
Rule 26 Duty of Disclosure
Rule 37 Discovery Disputes
Form 26(f) Report of Parties’ Planning Meeting
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”)
Northern District of Florida
Rule 26.2 Discovery in Criminal Cases
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
Principles for the Discovery of Electronically Stored Information in Civil Cases
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
United States Bankruptcy Court, Eastern District of Michigan
Rule 7026-4 Discovery of Electronically Stored Information
Model Order Relating to the Discovery of Electronically Stored Information
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 Discovery
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
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 16.1D: Order Implementing Federal Rule of Evidence 502(d)
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
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)
United States Court of Appeals Seventh Circuit
Electronic Discovery Pilot Program
Other:
Recommendations for Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases (developed by the Department of Justice/Administrative Office Joint Working Group of Electronic Technology JETWG])
For more information on the local rules of United States District Courts, click here to see a page with links to all the District Courts’ web pages.