Florida Rules to Address Electronically Stored Information
As of September 1, 2012, the Florida Rules of Civil Procedure (“Florida Rules”) will, for the first time, directly address electronically stored information (“ESI”). Specifically, the following Florida Rules now address ESI:
Rule 1.200 (Pretrial Procedure)
Rule 1.201 (Complex Litigation)
Rule 1.280 (General Provisions Governing Discovery)
Rule 1.340 (Interrogatories to Parties)
Rule 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes)
Rule 1.380 (Failure to Make Discovery; Sanctions)
Rule 1.410 (Subpoena).
This change comes six years after the Federal Rules of Civil Procedure (“Federal Rules”) were changed to encompass ESI. The Florida changes largely track the Federal Rules with some minor changes and additions which account for the evolution of eDiscovery over the past six years.
Perhaps the most significant difference between the Florida Rules and the Federal Rules is that…click here to read the article in full.