After Prior False Starts, California Adopts Comprehensive eDiscovery Rules

On June 29, California Governor Arnold Schwarzenegger signed California's Electronic Discovery Act into law, effective immediately. The act contains comprehensive eDiscovery rules that largely parallel the now well-established Federal Rules of Civil Procedure, but with a very important difference.

In comparison to some other states, California is late to the eDiscovery table due to some prior false starts. Without a comprehensive set of rules, California has had a makeshift approach to electronic discovery by weaving such eDiscovery concepts into existing discovery law. See, e.g., Cal. Civ. P. Code §§ 2016.020 (incorporates electronic data with term "writing" defined in Cal. Evid. Code § 250); 2017.710-2017.740 (enabling court to order use of "technology" in conducting discovery in complex cases).

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