Local Rule LCvR 26.2: DISCOVERY OF ELECTRONICALLY STORED INFORMATION

LCvR 26.2 DISCOVERY OF ELECTRONICALLY STORED INFORMATION A. Duty to Investigate. Prior to a Fed. R. Civ. P. 26(f) conference, counsel shall:

1. Investigate the client's Electronically Stored Information ("ESI"), such as email, electronic documents, and metadata, and including computer-based and other digital systems, in order to understand how such ESI is stored; how it has been or can be preserved, accessed, retrieved, and produced; and any other issues to be discussed at the Fed. R. Civ. P. 26(f) conference.

2. Identify a person or persons with knowledge about the client's ESI, with the ability to facilitate, through counsel, preservation and discovery of ESI.

B. Designation of Resource Person. In order to facilitate communication and cooperation between the parties and the Court, each party shall, if deemed necessary by agreement or by the Court, designate a single resource person through whom all issues relating to the preservation and production of ESI should be addressed.

C. Preparation for Meet and Confer. Prior to the Fed. R. Civ. P. 26(f) conference, the parties should refer to both the Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored Information set forth in "Appendix LCvR 26.2.C-CHECKLIST" to these Rules, and the Guidelines for the Discovery of Electronically Stored Information set forth in "Appendix LCvR 26.2.C-GUIDELINES" to these Rules.

D. Duty to Meet and Confer. At the Fed. R. Civ. P. 26(f) conference, and upon a later request for discovery of ESI, counsel shall meet and confer, and attempt to agree, on the discovery of ESI.

E. Case Management Conference. Prior to the case management conference, the parties shall complete and file a copy of the form Rule 26(f) Report of the Parties set forth in "Appendix LCvR 16.1.A" to these Rules or the form Rule 26(f) Report (Class Actions) set forth in "Appendix LCvR 23.E" to these Rules, as applicable. At the direction of the Court, the parties may be required to submit a draft of the Stipulated Order re: Discovery of Electronically Stored Information for Standard Litigation set forth in "Appendix LCvR 26.2.E-MODEL ORDER" to these Rules. The parties may also choose to file an order under Rule 502(d) such as the model Order set forth in "Appendix LCvR 16.1.D" to these Rules.

Comment (revised 2016)

1. Regarding LCvR 26.2.B, the resource person must have sufficient familiarity with the party's ESI to meaningfully discuss technical issues and provide reliable information relative to the preservation and production of ESI. The resource person is permitted to, and, in fact, encouraged to, involve persons with technical expertise in these discussions, including the client, client's employee, or a third party. The resource person may be an individual party, a party's employee, a third party, or a party's attorney, and may be the same person referenced in LCvR 26.2.A.2.

2. Regarding LCvR 26.2.D, the parties have an ongoing obligation to supplement their disclosures. See Fed. R. Civ. P. 26.

3. Detailed information regarding the Court's Electronic Discovery Mediation and Special Master, along with other ESI resources, can be found on the Court's website at http://www.pawd.uscourts.gov/ed-information.