Massachusetts law about electronic discovery

Rules, guidelines, and web sources on electronic discovery law.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Court rules

Massachusetts Rules of Civil Procedure

Rule 26: General provisions governing discovery

Rule 34: Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes

Federal Rules of Civil Procedure

Rule 26: Duty to disclose; general provisions governing discovery

Rule 34: Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes

Guidelines

Ethics opinion 2014-5, Massachusetts Bar Association, May 2014.
"A lawyer for a party may 'friend' an unrepresented adversary in order to obtain information helpful to her representation from the adversary's nonpublic website only when the lawyer has been able to send a message that discloses his or her identity as the party's lawyer."

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

Selected cases

Healthedge Software, Inc. v. Sharp Health Plan, No. 19-cv-11020-ADB (D. Mass., May 6, 2021)
“This 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.”

Red Wolf Energy Trading, LLC v. Bia Capital Management, LLC, et al., 626 F.Supp. 3d 478 (2022)
"Moeller's decision to utilize an unpaid novice in Kazakhstan to conduct its search for Slack messages, rather than an experienced vendor in the United States at a modest cost … was in reckless disregard of his duties under Rule 26 and to obey court orders."

Web sources

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

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, 3^rd ed., Federal Judicial Center, 2017.
Includes information designed to help federal judges manage the discovery of electronically stored information (ESI).

Print sources

Arkfeld on electronic discovery and evidence by Michael Arkfeld, 4^th ed., Law Partner Publishing, 2015 with supplement.

Best practices for e-discovery: A practical handbook by Nicole Marie Gill, American Bar Association, 2025.

Discovery, 3^rd ed. (Mass Practice v. 49-49A), Thomson Reuters, 2017 with supplement.
Chapter 7: Electronic Discovery and Spoliation.

Electronic discovery: Law and practice, 3^rd ed., Wolters Kluwer, 2019 loose-leaf with supplement.

Electronic discovery and digital evidence in a nutshell by Shira A. Scheindlin, 2^nd ed., West Academic Publishing, 2016.

Electronic evidence for family law attorneys by Timothy J. Conlon, ABA Publishing, 2017. (eBook available with library card).

Massachusetts discovery practice, 5^th ed., MCLE, 2024.
Chapter 20: Electronic Discovery.

Massachusetts e-discovery and evidence: LexisNexis practice guide by Jonathan Sablone, Lexis, annual. (eBook available with library card).

Massachusetts e-discovery & evidence: Preservation through trial by Daniel K. Gelb, MCLE, 2020.

Massachusetts expert witnesses, 4^th ed., MCLE, 2022.
Chapter 9: Digital Discovery.

Last updated:	September 9, 2025