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U.S. Federal Court Local Rules and Statutes

Find the U.S. federal court rules and statutes from your area pertaining to electronic discovery, computer forensics, and technology in litigation.

Eastern and Western Districts of Arkansas
District of Deleware
Middle District of Florida
District of Kansas  
District of New Jersey
Middle District of Pennsylvania
Southern and Eastern District Courts of New York
District of Wyoming

Eastern and Western Districts of Arkansas Local Rule 26.1
http://www.are.uscourts.gov/local_rules.html

The Fed.R.Civ.P. 26(f) report filed with the court must contain the parties' views and proposals regarding the following:

(4) Whether any party will likely be requested to disclose or produce information from electronic or computer-based media. If so:

(a) whether disclosure or production will be limited to data reasonably available to the parties in the ordinary course of business;
(b) the anticipated scope, cost and time required for disclosure or production of data beyond what is reasonably available to the parties in the ordinary course of business;
(c) the format and media agreed to by the parties for the production of such Data as well as agreed procedures for such production;
(d) whether reasonable measures have been taken to preserve potentially discoverable data from alteration or destruction in the ordinary course of business or otherwise;
(e) other problems which the parties anticipate may arise in connection with electronic or computer-based discovery.

District of Deleware Default Standard for Discovery of Electronic Documents ("E-Discovery")
http://www.ded.uscourts.gov

1. Introduction. It is expected that parties to a case will cooperatively reach agreement on how to conduct e-discovery. In the event that such agreement has not been reached by the Fed. R. Civ. P. 16 scheduling conference, however, the following default standards shall apply until such time, if ever, the parties conduct e-discovery on a consensual basis.

2. Discovery conference. Parties shall discuss the parameters of their anticipated e-discovery at the Fed. R. Civ. P. 26(f) conference, as well as at the Fed. R. Civ. P. 16 scheduling conference with the court, consistent with the concerns outlined below. More specifically, prior to the Rule 26(f) conference, the parties shall exchange the following information:

• A list of the most likely custodians of relevant electronic materials, including a brief description of each person’s title and responsibilities (see ¶ 6).
• A list of each relevant electronic system that has been in place at all relevant times and a general description of each system, including the nature, scope, character, organization, and formats employed in each system. The parties should also include other pertinent information about their electronic documents and whether those electronic documents are of limited accessibility. Electronic documents of limited accessibility may include those created or used by electronic media no longer in use, maintained in redundant electronic storage media, or for which retrieval involves substantial cost.
• The name of the individual responsible for that party’s electronic document retention policies (“the retention coordinator”), as well as a general description of the party’s electronic document retention policies for the systems identified above (see ¶ 6).
• The name of the individual who shall serve as that party’s "e-discovery liaison" (see ¶ 2).
• Provide notice of any problems reasonably anticipated to arise in connection with e-discovery.

To the extent that the state of the pleadings does not permit a meaningful discussion of the above by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.

3. E-discovery liaison. In order to promote communication and cooperation between the parties, each party to a case shall designate a single individual through which all e-discovery requests and responses are made ("the e-discovery liaison"). Regardless of whether the e-discovery liaison is an attorney (in house or outside counsel), a third party consultant, or an employee of the party, he or she must be:

• Familiar with the party’s electronic systems and capabilities in order to explain these systems and answer relevant questions.
• Knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues.
• Prepared to participate in e-discovery dispute resolutions.

The court notes that, at all times, the attorneys of record shall be responsible for compliance with e-discovery requests. However, the e-discovery liaisons shall be responsible for organizing each party’s e-discovery efforts to insure consistency and thoroughness and, generally, to facilitate the e-discovery process.

4. Timing of e-discovery. Discovery of electronic documents shall proceed in a sequenced fashion.

• After receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents in accordance with Fed. R. Civ. P. 26(b)(2).
• Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed. Requests for information expected to be found in limited accessibility documents must be narrowly focused with some basis in fact supporting the request.
• On-site inspections of electronic media under Fed. R. Civ. P. 34(b) shall not be permitted absent exceptional circumstances, where good cause and specific need have been demonstrated.

5. Search methodology. If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose any restrictions as to scope and method which might affect their ability to conduct a complete electronic search of the electronic documents. The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties’ respective systems. The parties also shall reach agreement as to the timing and conditions of any additional
searches which may become necessary in the normal course of discovery. To minimize the expense, the parties may consider limiting the scope of the electronic search (e.g., time frames, fields, document types).

6. Format. If, during the course of the Rule 26(f) conference, the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF). When the image file is produced, the producing party must preserve the integrity of the electronic document’s contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history. After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.

7. Retention. Within the first thirty (30) days of discovery, the parties should work towards an agreement (akin to the standard protective order) that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents. In order to avoid later accusations of spoliation, a Fed. R. Civ. P. 30(b)(6) deposition of each party’s retention coordinator may be appropriate.

The retention coordinators shall:

• Take steps to ensure that e-mail of identified custodians shall not be permanently deleted in the ordinary course of business and that electronic documents maintained by the individual custodians shall not be altered.
• Provide notice as to the criteria used for spam and/or virus filtering of e-mail and attachments; e-mails and attachments filtered out by such systems shall be deemed nonresponsive so long as the criteria underlying the filtering are reasonable.

Within seven (7) days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party’s counsel shall file a statement of compliance as such with the court.

8. Privilege. Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production within thirty (30) days of such.

9. Costs. Generally, the costs of discovery shall be borne by each party. However, the court will apportion the costs of electronic discovery upon a showing of good cause.

10. Discovery disputes and trial presentation. At this time, discovery disputes shall be resolved and trial presentations shall be conducted consistent with each individual judge’s guidelines.

Middle District of Florida Local Court Rule 3.03(f)
http://www.flmd.uscourts.gov

Litigants' counsel should utilize computer technology to the maximum extent possible in all phases of litigation i.e., to serve interrogatories on opposing counsel with a copy of the questions on computer disk in addition to the required printed copy.

District of Kansas Electronic Discovery Guidelines
http://www.ksd.uscourts.gov/guidelines/electronicdiscoveryguidelines.pdf

1. Existence of electronic information. With respect to the discovery of electronic information, prior to the Fed.R.Civ.P. 26(f) conference, counsel should become knowledgeable about their clients’ information management systems and their operation, including how information is stored and retrieved. In addition, counsel should make a reasonable attempt to review their clients’ electronic information files to ascertain their contents, including archival, backup, and legacy data (outdated formats or media).

2. Duty to disclose. Disclosures pursuant to Fed.R.Civ.P. 26(a)(1) must include electronic information. To determine what information must be disclosed pursuant to this rule, counsel shall review with their clients the clients’ electronic information files, including current files as well as back-up, archival, and legacy computer files, to determine what information may be used to support claims or defenses (unless used solely for impeachment). If disclosures of electronic information are being made, counsel shall also identify those individuals with knowledge of their clients’ electronic information systems who can facilitate the location and identification of discoverable electronic information.

3. Duty to notify. A party seeking discovery of computer-based information shall notify the opposing party of that fact immediately, and, if known at the time of the Fed.R.Civ.P. 26(f) conference, shall identify as clearly as possible the categories of information that may be sought.

4. Duty to meet and confer regarding electronic information. During the Fed.R.Civ.P. 26(f) conference the parties shall confer regarding the following matters:

District of New Jersey Local Civil Rule 26.1(d)
http://pacer.njd.uscourts.gov/

(1) Duty to Investigate and Disclose. Prior to a Fed. R. Civ. P. 26(f) conference, counsel shall review with the client the client’s information management systems including computer-based and other digital systems, in order to understand how information is stored and how it can be retrieved. To determine what must be disclosed pursuant to Fed. R. Civ. P. 26(a) (1), counsel shall further review with the client the client’s information files, including currently maintained computer files as well as historical, archival, back-up, and legacy computer files, whether in current or historic media or formats, such as digital evidence which may be used to support claims or defenses. Counsel shall also identify a person or persons with knowledge about the client’s information management systems, including computer-based and other digital systems, with the ability to facilitate, through counsel, reasonably anticipated discovery.

(2) Duty to Notify. A party seeking discovery of computer-based or other digital information shall notify the opposing party as soon as possible, but no late r than the Fed. R. Civ. P. 26(f) conference, and identify as clearly as possible the categories of information which may be sought. A party may supplement its request for computer-based and other digital information as soon as possible upon receipt of new information relating to digital evidence.

(3) Duty to Meet and Confer. During the Fed. R. Civ. P. 26(f) conference, the parties shall confer and attempt to agree o n computer-based and other digital discovery matters, including the following: (a) Preservation and production of digital information; procedures to deal with inadvertent production of privileged information; whether restoration of deleted digital information may be necessary; whether back up or historic legacy data is within the scope of discovery; and the media, format, and procedures for producing digital information; (b) Who will bear the costs of preservation, production, and restoration (if necessary) of any digital discovery.

Middle District of Pennsylvania Local Rule 26.1 Duty to Investigate and Disclose
http://www.pamd.uscourts.gov/docs/LR12012005.pdf

(a) Prior to the conference of attorneys required by Local Rule 16.3, counsel for the parties shall inquire into the computerized information-management systems used by their clients so that they are knowledgeable about the operation of those systems, including how information is stored and how it can be retrieved. At the same time, counsel shall inform their clients of the need to preserve information stored in computerized information-management systems so that information relevant to the claims or defenses in the case is not in any way destroyed.

(b) In making the disclosures required by Fed. R. Civ. P. 26(a)(1), the parties must disclose information and files stored within their computerized information-management systems to the same extent they would be required to disclose information, files or documents stored by any other means.

(c) During the conference of attorneys required by Local Rule 16.3(a), in addition to those matters described in that rule, counsel shall discuss and seek to reach agreement on the following:

1. Computer-Based Information in General. Counsel shall attempt to agree on steps the parties will take to segregate and preserve computer-based information in order to avoid accusations of spoliation. Counsel shall also attempt to agree on the steps the parties will take to comply with the decisions and rules requiring the preservation of potentially relevant information after litigation has commenced.
2. E-Mail Information. Counsel shall attempt to agree on the scope of e-mail discovery and e-mail search protocol.
3. Deleted Information. Counsel shall attempt to agree on whether deleted information still exists, the extent to which restoration of deleted information is needed, and who will bear the costs of restoration.
4. Back-Up and Archival Data. Counsel shall attempt to agree on whether back-up and archival data exists, the extent to which back-up and archival data is needed, and who will bear the cost of obtaining such data.
5. Costs. Counsel shall discuss the anticipated scope, cost, and time required for disclosure or production of data beyond what is reasonably available to the parties in the ordinary course of business, and shall attempt to agree on the allocation of costs.
6. Format and Media. Counsel shall discuss and attempt to agree on the format and media to be used in the production of electronic information.
7. Privileged Material. Counsel shall attempt to reach an agreement regarding what will happen in the event privileged electronic material or information is inadvertently disclosed.

(d) In the event the parties cannot agree on the matters described in subparagraph (c), counsel shall note the issue of disagreement in Section 10 (Other Matters) of the joint case management plan so that the Court may, if appropriate, address the matter during the case-management conference.

Southern and Eastern District Courts of New York Local Civil Rule 26.3(c)(2)
http://www.nyed.uscourts.gov/localrules.pdf

Rule 26.3(c)(2) Document. The term “document” is defined to be synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a), including, without limitation, electronic or computerized data compilations. A draft or non-identical copy is a separate document within the meaning of this term.

District of Wyoming Local Civil Rule 26.1(e)
http://www.ck10.uscourts.gov/wyoming/district/pdfforms/localrules-cv.pdf

(e) Computer-Based Discovery. Prior to a Fed.R.Civ.P. 26(f) conference, counsel should carefully investigate their client’s information management system so that they are knowledgeable as to its operation, including how information is stored and how it can be retrieved. Likewise, counsel shall reasonably review the client’s computer files to ascertain the contents thereof, including archival and legacy data (outdated formats or media), and disclose in initial discovery (self-executing routine discovery) the computer based evidence which may be used to support claims or defenses.

1. Duty to Notify. A party seeking discovery of computer-based information shall notify the opposing party immediately, but no later than the Fed.R.Civ.P. 26(f) conference of that fact and identify as clearly as possible the categories of information which may be sought.
2. Duty to Meet and Confer. The parties shall meet and confer regarding the following matters during the Fed.R.Civ.P.26(f) conference:
   1. Computer-based information (in general). Counsel shall attempt to agree on steps the parties will take to segregate and preserve computer-based information in order to avoid accusations of spoliation;
   2. E-mail information. Counsel shall attempt to agree as to the scope of e-mail discovery and attempt to agree upon an e-mail search protocol. This should include an agreement regarding inadvertent production of privileged e-mail messages.
   3. Deleted information. Counsel shall confer and attempt to agree whether or not restoration of deleted information may be necessary, the extent to which restoration of deleted information is needed, and who will bear the costs of restoration; and
   4. Back-up data. Counsel shall attempt to agree whether or not back-up data may be necessary, the extent to which back-up data is needed and who will bear the cost of obtaining back-up data.
      

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