Over the years, a number of business courts have addressed, or attempted to address, electronic discovery issues by way of recommendations, rules, practice forms and reports. Included below are some links reflecting those efforts in various business courts.
Chicago Commercial Calendar, Standard Order Governing Discovery of Electronically Stored Information (Individual Commercial Calendar W)
Delaware CCLD E-Discovery Plan Guidelines
Delaware CCLD Protocol for the Inadvertent Production of Documents
Michigan, Oakland County Business Court, Case Management Protocols, Section V, Electronic Discovery
New Hampshire Business and Commercial Dispute Docket, Standing Order 9
New Jersey Complex Business Litigation Program Rule 4:104-5
New Jersey Complex Business Litigation Program, Electronic Discovery Stipulation and Order
New York Commercial Division Rule 11-c and Appendix A on ESI
New York Commercial Division Rule 11-e(f) on Document Review, Including Technology Assisted Review and Predictive Coding
New York Commercial Division, Proposal for a Rule Concerning the Use of Technology-Assisted Review in Discovery
New York Commercial Division, Nassau County, Electronic Discovery Guidelines
North Carolina Business Court Rule 10.3 on Discovery Management, focusing on proportionality and ESI
Tennessee, Guide to the Business Court Docket. This detailed document includes guidance on ESI within an overall guide for case management at all phases, and the court’s jurisdiction and participation in the Business Court Docket.
Wisconsin Commercial Docket Pilot Project Form, Management Report by Parties and Proposed Scheduling for Case. This planning document requires the parties address ESI issues.