Electronic Discovery in Business Courts

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.

Arizona, Superior Court in Maricopa County: Commercial Court Checklist for Rule 16(b) Joint Report Discussions Regarding ESI

Arizona, Model Stipulated Order re Discovery of Electronically Stored Information for Standard Litigation

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

Indiana Commercial Courts Handbook, § 3.3 Managing Discovery of Electronically Stored Information

Massachusetts Business Litigation Session Electronic Discovery Pilot Project

Michigan, Macomb County Business Court, Initial Discovery Protocols in Contract Cases

Michigan, Macomb County Business Court, Initial Discovery Protocols in Noncompete Cases

Michigan, Oakland County Business Court, Case Management Protocols, Section V, Electronic Discovery

New Hampshire Business and Commercial Dispute Docket, Standing Order 9

New Jersey Court Rule 4:104-5 (applies in Complex Business Litigation Program cases to: Production of Documents: Electronically Stored Information; Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery)

New Jersey Complex Business Litigation Program:  (1) Case Management Guidelines (2) Joint Proposed Discovery Plan (3) Scheduling Order (4) Electronic Discovery Stipulation and Order and (5) Clawback 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.

Wisconsin, Standard Discovery Protocol for Commercial Court Docket

Wyoming Chancery Court, Model ESI Protocol

Wyoming Chancery Court, Model Protective Order Regarding Confidential Information

Posted by Lee Applebaum (periodically updated)