California Electronic Discovery Act

The California CCP Knows the Difference Between Documents and ESI

January 6, 2020 Josh Gilliland California Electronic Discovery Act, Document Review, Electronically Stored Information

There is a very important reality to remember when it comes to discovery: documents do not mean electronically stored information. It is time to get used to that distinction and stop saying, “document” when a lawyer means, “electronically stored information.” The reason is simple: the new California Code of Civil[…]

Hands-on eDiscovery: California Seminar on Responding to Discovery Requests

February 28, 2013 Josh Gilliland California Electronic Discovery Act, Processing, Reasonably Useable Form, Request for Production, Translation Into A Reasonably Useable Form

I had the good fortune to organize a seminar on responding to electronic discovery requests for the Santa Clara County Bar Association’s Civil Practice Committee on February 27, 2013. However, this seminar was different from other eDiscovery CLE’s, because the attendees spent a full hour conducting searches for responsive ESI[…]

California Subpoenas: Invitation to Comment on ESI

May 3, 2011 Josh Gilliland California Electronic Discovery Act

California’s Electronic Discovery Act changed the Rules of Civil Procedure in 2009 to include electronically stored information, in addition to provisions on the forms of production and issues with undue burden. The California Judicial Council has an invitation to comment on a proposed modification to the subpoena forms to include[…]

Driving the Snakes from e-Discovery Seminar

March 8, 2011 Josh Gilliland California Electronic Discovery Act, Civil Procedure, e-Discovery

Driving the Snakes from e-Discovery, the first seminar by the Santa Clara County Bar Association e-Discovery Task, will be on March 17, 2011 in San Jose, California. This two-hour seminar is the first of a four-part series on e-Discovery in Silicon Valley. To register for the panel, please click here. […]

One Year Later: A California Metadata Case

June 29, 2010 Josh Gilliland California Electronic Discovery Act, Metadata

June 29, 2010 marks the first anniversary of the California Electronic Discovery Act. It is unlikely there are any decorations at state courthouses celebrating the date. There are many California judges, attorneys and bar associations preparing educational events on e-Discovery. However, there are few cases directly addressing electronically stored information[…]

Things to Think About for Your Rule 26(f) Meeting…

October 22, 2009 Josh Gilliland California Electronic Discovery Act, Criminal Procedure, Discovery, e-Discovery, Electronically Stored Information, ESI

In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order: With regard to any discoverable electronically stored information (ESI) the parties may have, the Court further requests that the joint discovery plan also[…]

Get Out the Check Book for Translating ESI into a Reasonably Usable Form in California

August 21, 2009 Josh Gilliland California Electronic Discovery Act, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Accessible, Reasonably Useable Form

California Code of Civil Procedure 2031.280(e) states, in relevant part: If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form. California Code of Civil Procedure 2031.280(e) might give anyone used to[…]