Florida Rules of Civil Procedure – New E-Discovery Amendments go into effect September 01, 2012

The Florida Supreme Court approved the Amendments to the Florida Rules of Civil Procedure affecting E-Discovery, they go into effect on September 01, 2012 Florida Supreme Court Decision

The long awaited decision makes amendments to seven of the existing Florida civil procedure rules:

  • 1.200 Pretrial Procedure
  • 1.201 Complex Litigation
  • 1.280 General Provisions Governing Discovery
  • 1.340 Interrogatories to Parties
  • 1.350 Production of Documents
  • 1.380 Failure to Make Discovery; Sanctions
  • 1.410 Subpoena

The new section of RULE 1.340 (c) INTERROGATORIES TO PARTIES and 1.410 (c) SUBPOENA For Production of Documentary Evidence, have new paragraphs indicating forms for producing electronically stored information. It is suggested that the items be produced in a form or forms in which they are ordinarily maintained, what is sometimes called native format, we submit that this may give you exactly what you ask for, but not necessarily what you want. We recall working on a case for a client where the request for production had already been made before our assistance was enlisted, the request asked for native format of a customized database. The only possible way to review this database was with the native software package, which cost more than $70,000. We promptly suggested the client amend the request and ask that the whole database be preserved, and they specifically detail their requests for the various financial reports needed for review.

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