Massachusetts law about electronic discovery

A compilation of rules, guidelines, and web sources on electronic discovery law.

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Table of Contents

Court rules

Federal Rules of Civil Procedure

Massachusetts Rules of Civil Procedure
The reporter’s notes to Rule 26 provide an ongoing history of the amendments to rules on electronic discovery.


Guidelines for state trial courts regarding discovery of electronically-stored information, Conference of Chief Justices, August 2006.

Uniform rules relating to the discovery of electronically stored information, National Conference of Commissioners on Uniform State Laws, 2007.

Web sources

Electronic discovery, Findlaw.
A large collection of articles on all aspects of e-discovery.

The ESI report, Legal Talk Network.
A series of podcasts on a variety of e-discovery issues. 

Introduction to the new world of e-discovery, Findlaw.
"This overview will introduce some of the key concepts in the e-discovery process, and help to give a sense of what areas you should focus on as you navigate the sometimes stormy seas of e-discovery."

Managing discovery of electronic information: a pocket guide for judges, 2007.
"This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI)."

Print sources

Arkfeld on electronic discovery and evidence, 4th edition, 2015, by Michael R. Arkfeld, Law Partner Pub., loose-leaf with updates.

E-discovery: four unique perspectives, by Carter Douglas Morse, MCLE, 2007.

E-discovery for everyone, by Ralph C. Losey. American Bar Association, 2016.

The ethics of e-discovery, by John M. Barkett, ABA, 2009.

Massachusetts discovery practice, MCLE, loose-leaf, §20. Includes forms on CD.

Massachusetts e-discovery and evidence: LexisNexis practice guide, by Jonathan Sablone, Lexis, annual.

Massachusetts e-discovery & evidence : preservation through trial, by Daniel K. Gelb, Richard M. Gelb  (MCLE New England, 2020).

Massachusetts expert witnesses, MCLE 2018 (loose-leaf).
Chapter 9, Digital Discovery.

Preserving electronically stored information: a practical approach, by Jeffrey J. Fowler, BNA, 2011.

Privilege issues in the age of electronic discovery, by David J. Lender, BNA, 2013.


Last updated: October 14, 2022

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