Massachusetts law about electronic discovery

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

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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

Best practices for courts and parties regarding electronic discovery in state courts, NCSC, 2016.
"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."

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)
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., 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.

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

Print sources

Advanced issues in e-discovery, MCLE, 2014.

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

E-discovery for everyone, by Ralph C. Losey, American Bar Association, 2016. (eBook available with library card).

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. (eBook available with library card).

Massachusetts discovery practice, 5th 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, 4th ed., MCLE, 2022. Chapter 9, Digital Discovery.

Last updated:	August 21, 2024