More and more states are adopting statutes and court rules addressing the discovery of electronically stored information. Here is a current list with links to the relevant provisions. Please note also that many 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 and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.
Alabama
Rules of Civil Procedure
Rule 16 Pre-trial conferences; scheduling; management.
Rule 26 General provisions governing discovery.
Rule 33 Interrogatories to parties.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes.
Rule 37 Failure to make discovery: Sanctions.
Rule 45. Subpoena.
Form 51A
Rule of Evidence 510 Waiver of privilege by voluntary disclosure.
Alaska
Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Provisions Governing Discovery; Duty of Disclosure
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Information, and Things, and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosure or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Arizona
Rules of Civil Procedure for the Superior Courts of Arizona
[Experimental] Rule 8.1 Assignment and Management of Commercial Cases
Rule 16 Pre-trial conferences; scheduling management
Rule 16.3 Initial Case Management Conference in Cases Assigned to the Complex
Civil Litigation Program
Rule 26 General Provisions Governing Discovery
Rule 26.1 Prompt Disclosure of Information
Rule 26.2 Exchange of Records and Discovery Limitations in Medical Malpractice
Cases
Rule 33 Uniform and Non-uniform Interrogatories; Limitations; Procedure
Rule 34 Production of documents, electronically stored information, and things and
entry upon land for inspection and other purposes
Rule 37 Failure to Make Disclosure or Discovery; Sanctions
Rule 45 Subpoena
Rule 45.1 Interstate Depositions and Discovery
Rules of Family Law Procedure
Rule 49 Disclosure
Rule 51 Discovery
Rule 52 Subpoena
Rule 62 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
Rule 65 Failure to Make Disclosure or Discovery; Sanctions
Justice Court Rules of Civil Procedure
Rule 122 General provisions regarding discovery.
Rule 125 Request for production of documents, electronically stored information, and things; request for entry upon land for inspection and other purposes.
Rule 127 Discovery violations.
Rule 131 Pretrial conference; settlement conference.
Rules of Evidence
Rule 101 Scope; Definitions
Rule 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Rule 1001 Definitions that Apply to This Article
Arkansas
Rule 26 General Provisions Governing Discovery
Rule 26.1 Electronic Discovery
Ark. R. Evid. 502. Lawyer Client Privilege
California
In 2009 the California Code of Civil Procedure was amended by the Electronic Discovery Act to address the discovery of electronically stored information. In 2012, additional amendments addressing electronic discovery were adopted and became effective on January 1, 2013.
The Electronic Discovery Act of 2009 is available here.
Senate Bill 1574, Discovery; electronically stored information (adopting the 2013 amendments) is available here.
The California Code of Civil Procedure, Civil Discovery Act
Rule 3.724 Duty to meet and confer
State Bar of California e-Discovery Pocket Guide
Colorado
Colorado Rule of Civil Procedure 16 Case Management and Trial Management (choose CO Court Rules > CO Rules of Civil Procedure > Ch. 2 Pleadings and Motions)
Colorado Rule of Civil Procedure 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes (choose CO Court Rules > CO Rules of Civil Procedure > Ch. 4 Disclosure and Discovery)
Proposed Case Management Order (choose CO Court Rules > CO Rules of Civil Procedure > Appendix to Chapters 1 to 17A > Forms > Form JDF 622)
Rule of Evidence 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Connecticut
2017 Connecticut Practice Book
Sec. 13-1. Definitions
Sec. 13-2. Scope of Discovery; In General.
Sec. 13-5. Protective Order
Sec. 13-9. Requests for Production, Inspection and Examination; In General
Sec. 13-14. Order for Compliance; Failure to Answer or Comply with Order
Sec. 13-33. Claim of Privilege or Protection After Production
Delaware
Superior Court – Complex Commercial Litigation Division
E-Discovery Plan Guidelines
Court of Chancery Rules
Rule 26. General provisions concerning discovery.
Rule 30. Depositions upon oral examination.
Rule 34. Production of documents, electronically stored information, and tangible things and entry upon land for inspection and other purposes.
Rule 45. Subpoena.
Guidelines to Help Lawyers Practicing in the Court of Chancery
Evidence Rule 510. Waiver of Privilege or Work Product; Limitations on Waiver
District of Columbia
D.C. Superior Court Rules of Civil Procedure
Rule 16. Pretrial Conferences; Pretrial Status Conferences; Scheduling; Management
Rule 26. Duty to Disclose; General Provisions Governing Discovery
Rule 33. Interrogatories to Parties
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37. Failure to Cooperate in Discovery; Sanctions
Rule 45. Subpoena
Florida
Florida Rules of Civil Procedure
Rule 1.200 Pretrial Procedure
Rule 1.201 Complex Litigation
Rule 1.280 General Provisions Governing Discovery
1.340 Interrogatories to Parties
Rule 1.350 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 1.380 Failure to Make Discovery; Sanctions
Rule 1.410 Subpoena
Statewide Uniform Guidelines for the Taxation of Costs in Civil Actions
Florida Family Law Rules of Procedure
Rule 12.200 Case Management and Pretrial Conferences
Ruler 12.280 General Provisions Governing Discovery
1.340 Interrogatories to Parties
Rule 12.350 Production of Documents and Things and Entry on Land for Inspection and Other Purposes
12.380 Failure to Make Discovery; Sanctions
Rule 1.410 Subpoena
Georgia
Rule 5.4 Early Planning Conference and Discovery Plan
Hawai’i
Hawai’i Rules of Civil Procedure
Rule 26. General Provisions Governing Discovery
Rule 30. Depositions Upon Oral Examination
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents, Electronically Stored Information and Tangible Things and Entry Upon Land for Inspection and Other Purposes
Rule 37. Failure to Make or Cooperate in Discovery; Sanctions.
Rule 45. Subpoena
Idaho
Rules of Civil Procedure
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to parties — Availability — Procedures for use.
Rule 34 Production of documents and things and entry upon land for inspection and other purposes — Scope
Rule 37 Failure to Cooperate in Discovery; Sanctions
Rule 45 Subpoena — For attendance of witnesses — Issuance.
Idaho Rules of Family Law Procedure
Rule 415. Option to Produce Records
Rule 416. Production of Documents and Things; Entry on Land
Rule 424. Subpoena for Taking Depositions – Place of Examination
Rule 711. Subpoenas
Illinois
Rule 201 General Discovery Provisions
Rule 214 Discovery of Documents, Objects, and Tangible Things – Inspection of Real Estate
Rule 218 Pretrial Procedure
Rule of Evidence 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Indiana
Indiana Rules of Trial Procedure
Rule 26. General provisions governing discovery
Rule 34. Production of documents, electronically stored information, etc.
Rule 37. Failure to make or cooperate in discovery; Sanctions
Indiana Rules of Evidence
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
Iowa
Iowa Rules of Civil Procedure
Rule 1.503 Scope of Discovery
Rule 1.504 Protective Orders
Rule 1.507 Discovery Conference
Rule 1.509 Interrogatories to Parties
Rule 1.512 Production of documents, electronically stored information and things; entry upon land for inspection and other purposes
Rule 1.517 Consequences of failure to make discovery
Rule 1.602 Pretrial conferences; scheduling; management
Rule 1.1701 Subpoena
Form 13 Subpoena Form to Testify at Deposition or Produce Documents
Form 14 Subpoena Form to Testify at Hearing or Trial|
Form 15 Subpoena From to Produce Documents or Permit Inspection
Iowa District Court Trial Scheduling Order
Rule 23.5 – Form 2: Trial Scheduling Order
Kansas
Rules of Civil Procedure (The Kansas Rules of Civil Procedure were ammended, effective July 1, 2017. The text and a summary of that bill are available here.)
§ 60-216 Pretrial conferences; case management conference
§ 60-226 General provisions governing discovery
§ 60-228a Uniform interstate depositions and discovery act
§ 60-233 Interrogatories to parties
§ 60-234 Production of documents, electronically stored information and things and
entry upon land for inspection and other purposes
§ 60-237 Compelling discovery; failure to comply; sanctions
§ 60-245 Subpoenas
§ 60-245a Subpoena of nonparty business records
§ 60-426a Attorney-client privilege and work product; limitations on waiver
Louisiana
Code of Civil Procedure
CCP 1424 – Scope of discovery; trial preparation; materials
CCP 1460 – Option to produce business records
CCP 1461 – Production of documents and things; entry upon land; scope
CCP 1354 – Subpoena deuces tecum
CCP 1471 – Failure to comply with order compelling discovery; sanctions
CCP 1551 – Pretrial and scheduling conference; order
CCP 1462 – Production of documents and things; entry upon land; procedure
Maine
Rules of Civil Procedure
Rule 16 Pretrial Procedure in the Superior Court
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Discovery; Sanctions
Maine Rules of Unified Criminal Procedure
Rule 15 Depositions
Rule 16 Discovery by the Defendant
Rule 17A Subpoena for Production of Documentary Evidence or Tangible Objects by a NonParty
Maryland
Maryland Rules of Civil Procedure – Circuit Court
Rule 2-402 Scope of discovery.
Rule 2-421 Interrogatories to parties.
Rule 2-422 Discovery of documents, electronically stored information, and property.
Rule 2-433 Sanctions.
Rule 2-504 Scheduling order.
Rule 2-504.1 Scheduling conference.
Rule 2-510 Subpoenas
Massachusetts
Massachusetts Rules of Civil Procedure
Rule 16. Pre-trial Procedure: Formulating Issues
Rule 26. General Provisions Governing Discovery
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes
Rule 37. Failure to Make Discovery: Sanctions
Rule 45. Subpoena
Michigan
Rules of Civil Procedure
Rule 2.302 General Rules Governing Discovery
Rule 2.310 Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes
Rule 2.313 Failure to Provide or Permit Discovery; Sanctions
Rule 2.401 Pretrial Procedures; Conferences Scheduling Orders
Rule 2.506 Subpoena; Order to Attend
Minnesota
Minnesota Rules of Civil Procedure
Rule 1. Scope of Rules
Rule 16. Pretrial Conference; Scheduling; Management
Rule 26. General Provisions Governing Discovery
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37. Failure to Make Discovery or Cooperate in Discovery: Sanctions
Rule 45. Subpoena
General Rules of Practice
Rule 146 Complex Cases (see 146.05 Case Management Order and Scheduling Order)
Mississippi
Mississippi Rules of Civil Procedure
Rule 26. General Provisions Governing Discovery
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 45. Subpoena
Missouri
Rule of Civil Procedure 58.01 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rules of the Court of the Twenty-fifth Judicial Circuit (Maries, Phelps, Pulaski and Texas Counties)
Rule 32.3 Electronic Discovery
Montana
Montana Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing Documents, Electronically-Stored Inforamtion, and Tangible Things or Entering onto Land, for Inspection and Other Purposes
Rule 37 Failure teo Make Discovery; Sanctions
Rule 45 Subpoena
Nebraska
Rules of Discovery in Civil Cases
§ 6-333 Interrogatories to parties
§ 6-334 Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes
§ 6-334A Discovery from a non-party without a deposition
Nevada
Nevada Rules of Civil Procedure
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes
New Hampshire
Rules of the Superior Court of the Sate of New Hampshire
Rule 21. General Provisions
Rule 24. Production of Documents
Rule 25. Discovery of Electronically Stored Information (ESI)
New Jersey
Part I – Rules of General Application
Rule 1.9. Subpoenas
Part IV – Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate’s Courts
Rule 4:5B. Case Management; Conferences
Rule 4:10. Pretrial Discovery
Rule 4:17. Interrogatories to Parties
Rule 4:18. Discovery and Inspection of Documents and Property; Copies of Documents
Rule 4:23. Failure to Make Discovery; Sanctions
Rules Governing Criminal Practice
3:13 Depositions, Discovery
Rules Governing Practice in the Municipal Courts
7.7 Pretrial Procedures
New Mexico
Rules of Civil Procedure for District Courts
Rule 1-016 Pretrial conferences; scheduling; management
Rule 1-026 General provisions governing discovery
Rule 1-033 Interrogatories to parties
Rule 1-034 Production of documents and things and entry upon land for inspection and other purposes
Rule 1-037 Failure to make discovery; Sanctions
Rule 1.045 Subpoena.
Rule 1.045.1 Interstate subpoenas.
New York
NYSBA Best Practices in E-Discovery in New York State and Federal Courts
CPLR § 3119 Uniform interstate depositions and discovery (No Link Available)
Uniform Civil Rules of the Supreme and County Courts, § 202.70 Commercial Division of the Supreme Court
Rule 1. Appearance by Counsel with Knowledge and Authority.
Rule 8. Consultation prior to Preliminary and Compliance Conferences.
Rule 11. Discovery
Rule 11-C. Discovery of Electronically Stored Information from Nonparties
Appendix A. Guidelines for Discovery of Electronically Stored Information from Nonparties
Uniform Civil Rules for the Supreme Court and the County Court
Section 202.12 Preliminary conference
Nassau County Supreme Court, Commercial Division Rules
Guidelines for Discovery of Electronically Stored Information (“ESI”)
Form: Preliminary Conference Stipulation and Order
Queens County Supreme Court, Commercial Division Rules
See Conferences Rule 5. Consultation among counsel prior conferences
North Carolina
Rules of Civil Procedure
Rule 16. Pre-trial procedure; formulating issues.
Rule 26. General provisions governing discovery
Rule 33. Interrogatories to parties
Rule 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes.
Rule 37. Failure to make discovery; sanctions.
Rule 45. Subpoena
Local Rules of North Carolina Business Court
Rule 9: Case Management
Rule 10: Discovery
North Dakota
North Dakota Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management.
Rule 26 General Provisions Governing Discovery.
Rule 33 Interrogatories to Parties.
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection
and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery; — Sanctions.
Rule 45 Subpoena.
Ohio
Ohio Rules of Civil Procedure
Rule 16 Pretrial Procedure
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena
Cuyahoga County Court of Common Pleas
23.1 Discovery of Electronically Stored Information
Oklahoma
Rule 5. Pretrial Proceedings
Chapter 39. Oklahoma Pleading Code
Section 2004.1 – Subpoena
Chapter 40. Oklahoma Evidence Code
Section 2502 – Attorney-Client Privilege
Chapter 41. Discovery Code.
Section 3226 – General Provisions Governing Discovery
Section 3233 – Interrogatories to Parties
Section 3234 – Production of Documents and Things and Entry upon Land for Inspection and Other Purposes
Section 3237 – Failure to Make or Cooperation in Discovery – Sanctions
Oregon
Oregon Rules of Civil Procedure
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Oregon Tax Court Rules
Rule 43 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Pennsylvania
Pennsylvania Rules of Civil Procedure: Chapter 4000. Depositions and Discovery
Rule 4009.1 Production of Documents and Things. General Provisions
Rule 4009.11 Requests Upon a Party for Production of Documents and Things
Rule 4009.12 Answer to Request Upon a Party or Production of Documents and Things
Rule 4009.21 Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections
Rule 4009.23 Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received
Rule 4011 Limitation of Scope of Discovery [and Deposition]
Rhode Island
Superior Court Rules of Civil Procedure
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes
Family Court Rules of Domestic Relations Procedure
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes
District Court Civil Rules
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes
South Carolina
Rules of Civil Procedure
Rule 16 Pre-Trial Procedure: Formulating Issues
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Tennessee
Rules of Civil Procedure
Rule 16 Scheduling and Planning, Pretrial, and Final Pretrial Conferences and Orders
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Rule Purposes
Rule 37 Failure to Make or Cooperate in Discovery: Sanctions
Rule 45 Subpoena
Rules of Evidence
Rule 502 Limitations on Waiver of Privileged Information or Work Product
Texas
Texas Rules of Civil Procedure
TRCP 193.3 Asserting a Privilege (subsection (d) Privilege not waived by production)
TRCP 196.4 Electronic or Magnetic Data
Utah
Utah Rules of Civil Procedure
Rule 16 Pretrial Conferences
Rule 26 General provisions governing disclosure and discovery.
Rule 26.02 Disclosure in personal injury actions
Rule 33 Interrogatories to parties
Rule 34 Production of documents and things and entry upon land for inspection and other purposes
Rule 37 Discovery and disclosure motions; Sanctions.
Rule 45 Subpoena
Rules of Evidence
510 Miscellaneous Matters (addressing Waiver of Privilege)
Vermont
Rules of Civil Procedure (scroll down from top to find Rules of Civil Procedure)
Rule 16.2 Scheduling Orders
Rule 26 General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 37 Failure to Make Discovery: Sanctions
Rule 45 Subpoena
Rules of Evidence (scroll down)
Rule 510 Waiver of Privilege and Work-Product by Disclosure
Rules of Criminal Procedure
Rule 17. Subpoena
Virginia
Rules of the Supreme Court of Virginia (Part Four)
Rule 4:1 General Provisions Governing Discovery
Rule 4:4 Stipulations Regarding Discovery
Rule 4:8 Interrogatories to Parties
Rule 4:9 Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land for Inspection and Other Purposes; Production at Trial.
Rule 4:9A Production from Non-Parties of Documents, Electronically Stored Information, and
Things and Entry on Land for Inspection and Other Purposes; Production at Trial
Rule 4:13 Pretrial Procedure; Formulating Issues
Washington
ER 502 Attorney-Client Privilege and Work Product; Limitations on Waiver
Superior Court Civil Rules
CR 26 General Provisions Governing Discovery
CR 33 Interrogatories to Parties
CR 34 Producing Documents, Electronically Stored Information, and Things or Entry onto Land for Inspection and Other Purposes
West Virginia
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
Wisconsin
Chapter 802 Civil Procedure – Pleadings, Motions and Pretrial Practice
§ 802.10 Calendar practice.
Chapter 804 Civil Procedure – Depositions and Discovery
§ 804.01 General provisions governing discovery.
§ 804.08 Interrogatories to parties.
§ 804.09 Production of documents and things and entry upon land for inspection and other purposes
§ 804.12 Failure to make discovery; sanctions.
Chapter 805 Civil Procedure – Trials
§ 805.07 Subpoena
Chapter 905 Evidence – Privileges
905.03 Lawyer-client privilege (see (5)(a) Effect of Inadvertent Disclosure)
Wyoming
Wyoming Rules of Civil Procedure
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 General Rules Governing Discovery, Duty of Disclosure
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents, Electronically Stored Inforamtion, and Things and Entry Upon land for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or Cooperate in Discovery; Sanctions
Rule 45 Subpoena
We will post additional state e-discovery rules as they are enacted.