A Closer Look at California’s E-Discovery Law

On June 29, in the midst of the state’s budget crisis, Gov. Arnold Schwarzenegger quietly signed into law the Electronic Discovery Act (Assembly Bill 5), which enacts comprehensive electronic discovery rules through amendments to the California Code of Civil Procedure. Because the Legislature deemed it urgent legislation, it is effective immediately.

Almost identical legislation passed the California Legislature unanimously in 2008, but Schwarzenegger vetoed it — not based on any opposition on its merits, but rather because at that time the governor was vetoing all bills he considered nonpriority during the state’s 2008 budget crisis.

Although the legislation largely follows the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, it differs somewhat in its treatment of inaccessible information and in its safe harbor for lost information.

For an analysis from Gibson Dunn click here.

For an analysis from DLA Piper click here.