WI Sup Court to Consider Proposed Rules for E-Discovery
Next month, the Wisconsin Supreme Court will hold a public hearing regarding the proposed amendments to the state's discovery rules that specifically pertain to electronic discovery.
According to the Wisconsin Lawyer
The amendments are adapted from the Uniform Rules on the Discovery of Electronically Stored Information and the 2006 amendments to the Federal Rules of Civil Procedure. The new rules are "intended to provide consistency and predictability in the discovery of electronically stored information." In addition, the rules "are intended to reduce the economic burden that can result from the discovery involving the enormous volume of electronically stored information."...Read the full article for more.
In summary form, the amendments to the Wisconsin Rules of Civil Procedure are designed to:
1. encourage courts to be more active in managing electronic discovery and production;
2. allow for the production of business records in electronic form;
3. place the burden on the requesting party to specify the form in which electronic discovery is to be produced;
4. 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
5. protect third parties from unreasonable burdens of responding to subpoenas that request electronically stored information.