July 1, 2009
McDonough Holland & Allen PC is pleased to provide the following Legal Alert:
Effective Immediately:
New State Laws Regarding Electronic Discovery
Effective July 1, 2009, California has its first electronic discovery law. The new state law, known as the Electronic Discovery Act, specifically defines what constitutes electronically stored information and establishes procedures for parties to obtain discovery of electronic information. The new law also permits discovery of electronic data by means of "testing, or sampling." In addition, the Act specifically permits a party to subpoena electronic information from third parties.
The new regulations offer some protections from the burden of producing electronic information. Specifically, a party may oppose the production of electronic information if the information is from a source that is not reasonably accessible because of undue burden or expense. Courts may also limit the frequency or extent of electronic discovery in certain circumstances, such as where the discovery sought is cumulative.
Significantly, the new law also shields parties and their attorneys from sanctions for failing to provide electronic information that has been lost, damaged, altered, or overwritten as a result of "routine" and "good faith" use of a computer system. However, this provision does not alter a party's obligation to preserve discoverable evidence once the party becomes aware of impending litigation.
McDonough Holland & Allen PC Legal Alerts provide general information about events of current legal importance. They are not meant nor should they be construed to be legal advice. For more information about this email, either reply to this email or write to: McDonough Holland & Allen PC, Attention Marketing, 500 Capitol Mall, 18th Floor, Sacramento, CA 95814. |
