The Judicial Council of California approved proposed legislation amending civil Discovery law and procedures for handling the discovery of  electronically-stored-information in California. The proposed legislation, AB 926 (pending in the Senate Judiciary Committee), integrates new Electronic Discovery provisions into California's Civil Discovery Act including:

• Definitions
• Scope of Discovery
• Timing of Discovery
• Form of Discovery
• Protective Orders
• Responses
• Claims of Privilege or Work Product Protection
• Motions to Compel
• “Safe Harbor” Provisions
• Subpoena Requiring Production of ESI

There is also a joint proposal amending California Rules of Court 3.724 (Duty to meet and confer) and 3.728 (Case management order) on civil case management ensuring discovery of ESI issues are addressed early in litigation.

It’s expected the rules proposal will be submitted to the Judicial Council in the fall of 2008 and become effective January 1, 2009.