Later this month, Wisconsin's Supreme Court will meet to determine formalized rules and regulations regarding electronic discovery. Below is an excerpt from the Wisconsin Lawyer website with details of what is to be discussed.
The Wisconsin Supreme Court will hold a public hearing on Jan. 21, 2010, to consider the Wisconsin Judicial Council’s petition relating to discovery of electronically stored information.
Overview of the Wisconsin Amendments
In summary form, the amendments to the Wisconsin Rules of Civil Procedure are designed to:
- encourage courts to be more active in managing electronic discovery and production;
- allow for the production of business records in electronic form;
- place the burden on the requesting party to specify the form in which electronic discovery is to be produced;
- impose a safe harbor for a party who has lost electronically stored information as a result of the routine, good-faith operation of an electronic information system; and
- protect third parties from unreasonable burdens of responding to subpoenas that request electronically stored information.
[Items to be discussed include]:
- Early Attention to Electronically Stored Information
- Responding to Interrogatories
- Form of Production of Electronically Stored Information
- Limitation on Sanctions
- Practical Implications of the Rule Changes
- Early Attention to Discovery Issues
- Caution When Selecting Form of Production
- Limitations on the Scope of Discovery
- Limitation on Sanctions
Supreme Court Order 09-01 sets the hearing date and orders publication of the council’s petition in the Wisconsin Lawyer. These items are located in the Supreme Court Orders column.
To view the full discussion and details, click here.
