Northern District Of California Issues New Guidelines And Model Order On E-Discovery

On November 27, 2012, the Northern District of California issued new Guidelines, a Checklist, and a Model Order regarding e-discovery and electronically stored information (ESI).  The Guidelines were developed by a bench-bar committee chaired by Magistrate Judge Elizabeth D. Laporte and have been unanimously approved by the entire court.

The court encouraged counsel and litigants to familiarize themselves with the new Guidelines "immediately," and counsel must include the information discussed in the Guidelines in all Case Management Statements going forward.

Above all, the new Guidelines emphasize cooperation between counsel in crafting an ESI plan for each case.  See Guidelines 1.02, 2.03, and Model Order.  The Guidelines also envision some innovative procedures to streamline ESI, such as: