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California's 2009 E-Discovery Laws -- Text and Analysis

Every California attorney needs to be aware of electronic discovery issues and how they will be handled in California.
Print Book :Softbound pamphlet, 85 pp
In Stock
ISBN: 9781422473740
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The California Electronic Discovery Act became effective on June 29, 2009. This important new legislation is California's first attempt to deal specifically and comprehensively with the issues presented by the discovery of e-mails, word processing document files, digital images, internet access records, and numerous other types of "electronically stored evidence" (ESI) in California state court litigation. It substantially re-vamps the California treatment of the discovery of ESI, often referred to as "e-discovery." Due to the importance of this topic, every California attorney needs to be aware of electronic discovery issues and how they will be handled in California. E-discovery is a rapidly expanding area and those California attorneys who have not yet encountered e-discovery issues in the course of their practices may reasonably expect to do so in the foreseeable future. At present, E-discovery is probably the hottest single issue in litigation.

LexisNexis is pleased to present this detailed analysis of the new legislation and rules by Paul Kiesel and Steve Williams, who were members of the Judicial Council advisory committee that developed the proposal that ultimately was embodied in this legislation. The authors are uniquely qualified to discuss the background, nature, and operation of the new rules and the considerations behind their development. The authors also have included a considerable amount of practical advice on how attorneys should proceed under the new rules.
This softbound pamphlet contains detailed information about the Electronic Discovery Act, including:
  • An insider's analysis of the Act by attorneys Paul Kiesel and Steve Williams, who were members of the Judicial Council advisory committee that drafted the proposal that ultimately became the Electronic Discovery Act.
  • Sample e-discovery forms supplied by the authors.
  • The complete text of the Code of Civil Procedure provisions affected by the Electronic Discovery Act, showing the 2009 changes using Matthew Bender's unique "stressed amendment" feature.
  • The complete text of the proposed California Rules of Court conforming provisions governing e-discovery, which are expected to be adopted by the Judicial Council later in 2009 and in effect on or before January 1, 2010.
  • For comparison, the text of the comparable federal e-discovery rules, including the relevant portions of the Federal Rules of Evidence and the Federal Rules of Civil Procedure.

    This pamphlet is an invaluable reference source for all California attorneys.

  • Featured Authors

    Table of Contents

    1 Electronic Discovery

    [1] Importance of Electronic Evidence in Modern Law Practice

    [2] Need for Regulation of Electronic Discovery

    [3] The Federal Rules of Civil Procedure

    2 California Law Governing Electronic Discovery

    [1] Prior Law

    [2] Development of Judicial Council Proposal

    [3] Passage of the 2009 Electronic Discovery Act

    [4] Basic Features of New Statutes and Rules

    [5] Comparison Between California Law and Federal Rules

    3 Scope and Frequency of Allowable Discovery

    [1] Discovery Allowed if Relevant to Subject Matter of Action

    [2] Preservation Request and Litigation Holds

    [3] Conference of Counsel

    [4] Requests for Production

    [5] Testing and Sampling

    [6] Protective Orders

    [7] Production of Documents “Not Reasonably Accessible”

    [8] Frequency of Discovery

    [9] Subpoenas to Nonparties

    4 Document Preservation Obligations

    [1] Importance

    [2] Client Notification

    [3] Development of Common Law Preservation Obligations

    [4] Safe Harbor for Inadvertent Destruction of ESI

    [5] Duty to Preserve May Be Broader Than Duty to Produce

    5 Meet and Confer Obligations

    6 Form in Which Electronic Evidence Must Be Produced

    [1] Production Obligations Under California Rules

    [2] Native Form Versus “Reasonably Usable” Form

    7 Inadvertent Production of Privileged Information

    [1] Nature of the Problem

    [2] California “Claw Back” Rule

    [3] 30-Day Limitation

    [4] Obligations of Party Receiving Privileged Information

    8 Other LexisNexis References

    Appendix A Sample Preservation Letter

    Appendix B Comprehensive Instructions for Manner of Production of ESI

    Appendix C Sample ESI Production Protocol

    Appendix D California Statutes Governing E-Discovery (including 2009 changes)

    Appendix E California Rules of Court E-Discovery Changes [Proposed]

    Appendix F E-Discovery Provisions of Federal Rules of Civil Procedure and Federal Rules of