Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues

Many United States District Courts now require compliance with special local rules, forms or guidelines addressing the discovery of electronically stored information. Below is a collection of those local rules, forms and guidelines, with links to the relevant materials. Please note also that many individual judges and magistrate judges have created their own forms or have crafted their own preferred protocols for e-discovery. These are generally available on the website of the individual judge or magistrate judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.

District of Alaska
Local Rules (Civil)
Local Form 26(f): Scheduling and Planning Conference Report
Local Rule 16.1 Pre-Trial Procedures (requiring use of Local Form 26(f) or one substantially similar)

Northern District of California
Joint Case Management Statement & Proposed Order

Guidelines for Electronic Discovery in Criminal Cases
Electronic Discovery Protocol (“Recommendations for ESI Discovery Production in Federal Criminal Cases”)
Electronic Discovery Suggested Practices (“Suggested Practices Regarding Discovery in Complex Cases”)
Recommended E-Discovery Practices (“Recommended E-Discovery Practices for Federal Criminal Justice Act Cases”)
Initial Discovery and 3rd Party Assessment Checklist

E-Discovery (ESI) Guidelines (Court’s e-Discovery page)
Guidelines for the Discovery of Electronically Stored Information
ESI Checklist for use during the Rule 26(f) meet and confer process
Model Stipulated Order Re: Discovery of Electronically Stored Information (Standard Cases)
Model Stipulated Order Re: Discovery of Electronically Stored Information (Patent Cases)
Standing Order for All Judges of the Norther District of California

Southern District of California
Local Rules (Scroll down to Local Patent Rules)
2.1 Governing Procedure
2.6 Model Order for Electronically Stored Information (“ESI”)

Model Order Governing Discovery of Electronically Stored Information in Patent Cases

District of Colorado
Civil Forms
Proposed Scheduling Order and Instructions
Proposed Scheduling Order in a Patent Case
E-Discovery Checklist for Rule 26(f) Meet-and-Confer Regarding Electronically Stored Information
E-Discovery: Guidelines Addressing the Discovery of Electronically Stored Information

District of Connecticut
Local Rules of Civil Procedure
Rule 16 Status and Settlement Conferences and ADR
Rule 26 Duty of Disclosure
Rule 37 Discovery Disputes
Form 26(f) Report of Parties’ Planning Meeting

District of Delaware
Default Standard for Discovery
Electronic Discovery Default Standard
Default Standard for Access to Source Code

Middle District of Florida
Civil Discovery Practice Handbook (see Part VII “Technology”)

Southern District of Florida
United States District Court for the S.D. Florida, Local Rules
Rule 16.1 Pretrial Procedure in Civil Actions
Rule 26.1 Discovery and Discovery Material (Civil)

Northern District of Georgia
Civil Local Rules
LR 16.2 Joint Preliminary Report and Discovery Plan

Appendix B: Documents Associated with Civil Cases Pending in the United States District Court Northern District of Georgia

United States Bankruptcy Court, District of Hawaii
LBR 2004-1. Rule 2004 Examinations

Southern District of Indiana
Rule 16.1 Pretrial Procedures (requiring use of Uniform Case Management Plan)

Case Management Plans
Uniform Case Management Plan for Civil Cases
ESI Supplement to Report of the Parties’ Planning Meeting

Uniform Patent Case Management Plans (Patents)
Phase I (Pre-Markman Ruling)
ESI Supplement to Report of the Parties Planning Meeting

Phase II (Post-Markman Ruling)

Track 3 Patent Management Plan
ESI Supplement to Report of the Parties’ Planning Meeting

Local Rules
Rule 802 Scheduling Conference
Stipulated Order Regarding Confidentiality of Discovery Material and Inadvertent Disclosure of Privileged Material
Appendix A: Discovery Guidelines of the United States District Court for the District of Maryland

District of Minnesota
Local Rules of Civil Procedure
Form 3 Rule 26(f) Report
Form 4 Rule 26(f) Report (Patent Cases)

Northern and Southern Districts of Mississippi
Local Uniform Civil Rules
Rule 26 Discovery Control
Rule 45 Subpoena
Case Management Order

District of New Jersey
Local Rule 26.1 Discovery (see subpart (d))

Northern District of New York
General Order 25 (see subsection G of Case Management Plan form)

Western District of New York
Local Rules of Civil Procedure
Rule 16 Alternative Dispute Resolution and Pretrial Conferences
Rule 26 General Rules Governing Discovery

Local Patent Rules
Rule 2. General Provisions
[Model] Order Regarding e-Discovery in Patent Cases

Local Patent Rules
Appendix A: Stipulated Protective Order
Appendix B: Report of Parties’ Planning Meeting in Patent Cases

Western District of Oklahoma
Local Court Rules
LCrR 16.1 Discovery Conference
Appendix II, Form: Joint Status Report and Discovery Plan

Eastern District of Pennsylvania
Report of Rule 26(f) Meeting

Middle District of Pennsylvania
Rules of Court
26.1 Duty to Investigate and Disclose
Appendix A Joint Case Management Plan

Western District of Pennsylvania
Local Rules of Court
Local Rule 16.1 Pretrial Procedures
Local Rule 26.2 Discovery of Electronically Stored Information
Local Rule 34 Serving and Responding to Requests for Production in Electronic Form
Appendix 16.1A: 26(f) Report of the Parties
Appendix 16.1D: Order Implementing Federal Rule of Evidence 502(d)
Appendix 23.E: 26(f) Joint Report of the Parties (Class Action)

U.S. Bankruptcy Court for the Western District of Pennsylvania
Local Rules of the U.S. Bankruptcy Court for the Western District of Pennsylvania
7026-1 Discovery of Electronic Documents (“E-Discovery”)
7026-2 Electronic Discovery Special Master

Western District of Tennessee
Local Rules: Civil
Local Rule 26.1 Discovery in Civil Cases
Appendix G LR 16.2 Track 3 (Expedited) Scheduling Order
Appendix H LR 16.2 Track 4 (Standard) Scheduling Order
Appendix I LR 16.2 Track 5 (Complex) Scheduling Order

Local Patent Rules
Appendix A: Stipulated Patent Case Protective Order
Appendix B: Joint Planning Report and Proposed Schedule

United States Bankruptcy Court, District of Utah
Form 35: Report of the Parties’ Planning Meeting

Western District of Washington
Local Rules of Civil Procedure
Rule 26 Duty to Disclose; General Provisions Governing Discovery
(Effective Dec. 1, 2012)

Southern District of West Virginia
Report of Parties’ Planning Meeting
Local Rule 16.1 Scheduling Conferences (requiring use of court’s form)

Eastern District of Wisconsin
Local Rules
Civil L. R. 16 Pretrial Conferences; Scheduling; Management; Alternative Dispute
Resolution
Civil L. R. 26 Duty to Disclose; General Provisions Governing Discovery

District of Wyoming
Local Civil Rules
26.1 Discovery
26.2 Electronically Stored Information (ESI)

United States Court of Appeals Seventh Circuit
Electronic Discovery Pilot Program

Other:
Recommendations for Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases (developed by the Department of Justice/Administrative Office Joint Working Group of Electronic Technology JETWG])

For more information on the local rules of United States District Courts, click here to see a page with links to all the District Courts’ web pages.