Conference of Chief Justices

Guidelines For State Trial Courts Regarding Discovery of Electronically-Stored Information (ESI)
The Conference of Chief Justices published (Aug. 2006) these guidelines to help reduce uncertainty in state court litigation by assisting trial judges faced by a dispute over e-discovery in identifying the issues and determining the decision-making factors to be applied.

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US District Court of Maryland

ESI Admissibility - Lorraine et al. v. Markel American Insurance Company
United States Magistrate Judge Paul W. Grimm's (101 pg.) decision in Lorraine v. Markel American Insurance Company, 2007 WL 1300739 (DMd May 4, 2007) offers an important aspect of the admissibility of electronic-evidence. The court denied both party's submission of email into evidence for failing to meet any standards for admission under the Federal Rules of Evidence. The emails were simply attached to their respective motions as exhibits.

Suggested Protocol for Discovery of Electronically Stored Information (ESI)
In response to the FRCP e-discovery amendments and discovery of electronically stored information (“ESI”), a joint bar-court committee consisting of: Magistrate Judge Paul W. Grimm, members of the Maryland Bar, and technical consultants, developed a proposed ESI protocol. A working-model, these protocols offer guidance when confronted with e-discovery. The joint committee plans to review the Proposed Protocol periodically, determining if revisions are required and after an appropriate evaluation period, decide on recommendations to the Court formalizing guidelines or local rules relating to ESI.

Any comments and suggestions may be e-mailed to: mdd_voyager@mdd.uscourts.gov

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Uniform Law Commissioners

Uniform Rules Relating To Discovery of Electronically Stored Information
The Uniform Law Commissioners model rules of e-discovery for use by state courts. The Uniform Rules provide procedures for parties in a civil case to jointly follow relating to a number of issues, including the preservation of the electronic information; the form in which the information will be produced; and the period of time in which the information must be produced.

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Securities and Exchange Commission

SEC Enforcement Manual (Red Book)
The Enforcement Manual contains general policies and procedures providing guidance to the SEC’s Division of Enforcement. Several areas of the manual address ESI including electronic production of documents to the SEC and Complying with FRCP 26(a) requirements and preserving evidence in anticipation of litigation.