Where issues concerning the discovery of electronically-stored information arise or are likely to arise, the Court advises counsel to consult Rule 196.4 and Rule 192.3 of the Texas Rules of Civil Procedure. In addition, the Court encourages counsel to meet and confer early in the case to discuss and attempt to reach agreement with respect to electronically-stored information to be requested or produced, the manner of production, any issues relating to the preservation of evidence, and a schedule that will enable discovery to be completed within the time permitted by the Rules of Procedure or the scheduling order.
An early conference can include the following issues, where appropriate, among others:
- A discussion of each side's perspective on what electronically-stored information is likely to be in issue in the case;
- The location and accessibility of that information, including whether it may be burdensome to access;
- The retention procedures or practices relating to that information, including whether it is subject to destruction;
- Party preferences as to form of production; and
- Any known problems reasonably anticipated to arise in connection with compliance with electronic discovery requests.
Where difficulties relating to electronic discovery arise early, the Court invites counsel to contact the Court to plan a scheduling conference. Where an agreement cannot be reached regarding electronic discovery, the Court may direct counsel to exchange information - tailored to the case at issue - to move the discovery process along expeditiously.
For further guidance, see In re Weekley Homes, L.P., 52 Tex. Sup. Ct. J. 1231 (2009).
Effective date: 1 December 2009
