Understanding California’s New e-Discovery Rules

The rules covering electronic discovery in California have changed. After years of debate, the California legislature passed the Electronic Discovery Act (“Act”). The purpose of the Act is to “eliminate uncertainty and confusion regarding the discovery of electronically stored information” and “minimize unnecessary and costly litigation that adversely impacts access to the courts.” The Act was signed into law by Governor Arnold Schwarzenegger on June 29, 2009. Incorporating many of the same changes made to the Federal Rules of Civil Procedure in 2006, the Act addressed topics such as the scope of electronic discovery, safe harbor provisions for the loss or destruction of evidence, inadvertent production of privileged materials, and limits on the discovery of information not reasonably accessible. These changes to the California Code of Civil Procedure (“C.C.P.”) went into effect immediately.