Massachusetts law about electronic discovery

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Court rules

Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil proceedings in U.S. District Courts. Rule 34 governs electronic discovery.

Massachusetts Rules of Civil Procedure
The Massachusetts Rules of Civil Procedure govern civil proceedings in the Commonwealth of Massachusetts. Rule 34 governs electronic discovery. The reporter’s notes to Rule 26 provide an ongoing history of the amendments to rules on electronic discovery.

Guidelines

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

Best practices for courts and parties regarding electronic discovery in state courts, NCSC, 2013.
"This summary describes the rough consensus that has emerged about the best practices. Courts and parties may find it appropriate to apply them, tailoring each to case specifics and the demands of local practice. A state-by-state summary of the current status of e-discovery rulemaking is also included."

Selected cases

Healthedge Software, Inc. v. Sharp Health Plan, No. 19-cv-11020-ADB (D. Mass. May 6, 2021)
Massachusetts District Judge Allison D. Burroughs, stating that "[t]his case is a prime example of the discovery issues that can arise when the parties (and their counsel) fail to engage in cooperative planning regarding ESI (electronically stored information)."

Red Wolf Energy Trading, LLC v. Bia Capital Management, LLC, et al., Memorandum and Order, Wolf, J., C. A. No. 19-10119-MLW, Sept. 8, 2022.
"The Judge’s decision [to issue sanctions against both parties] serves as a warning to both practitioners and their clients about the perils of ignoring court orders and engaging in 'do-it-yourself' production of electronically stored information, or ESI."

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.

Exploring the newly enacted Massachusetts E-discovery rules, Zitz, Julianna, 49 New Eng. L. Rev. On Remand 85 (2015).

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, Federal Judicial Center, 2017. Massachusetts court system is the contributing organization. 
"This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI)."

Navigating E-discovery in the Massachusetts state trial courts, Suffolk Journal of Trial and Appellate Advocacy, Vol. 14, Issue 1, January 2009, Klickstein, Barry C.

Print sources

Advance issues in e-discovery, MCLE, 2014.

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

Digital forensics for legal professionals: understanding digital evidence from the warrant to the courtroom, Daniel, Larry E., Elsevier, 2012.

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

Electronic discovery and digital evidence in a nutshell, by Shira A. Scheindlin, West Academic Publishing, 2016.

Electronic evidence for family law attorneys, by Timothy J. Conlon, ABA Publishing, 2017.

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, MCLE 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.

When cell phones become evidence, by Raymond D. Buso, MCLE, 2017.

Last updated:	September 6, 2023