Don’t Forget State

Don’t Forget State and Local Government Agencies: eDiscovery Best Practices

My latest blog post for IPRO’s blog discusses the importance that you don’t forget state and local government agencies* when it comes to eDiscovery, because they have needs just like any other organization.

When people write about organizations that have a need for eDiscovery solutions, we think of law firms, corporations, service providers and government agencies. But when people write about government agencies and their eDiscovery needs, the discussion almost always turns to Federal government agencies. State and local government agencies? Not so much.

But it’s important that you don’t forget state and local government agencies because they not only have needs, but there’s also so many of them.


One of the biggest differences for state and local government agencies are the rules that govern discovery for them. Most cases involving those agencies are conducted and tried in state courts, meaning they are subject to state rules for discovery instead of Federal rules. This means that the rules are a little different in each state, though most states’ eDiscovery rules for civil procedure are patterned after the Federal Rules of Civil Procedure.

But not all of them. Some, like my home state of Texas, actually have eDiscovery rules for civil procedure that predate the 2006 Federal rules amendments for eDiscovery. They go so far back, they address the production of “data that exists in electronic or magnetic form.” You can tell an eDiscovery rule is old when it refers to “magnetic” data!

So, what are some eDiscovery considerations for state and local governments? And what’s the great equalizer today for them? You can find out on IPRO’s blog here. It’s just one extra click! 😉 Don’t forget state and local government agencies when it comes to eDiscovery!

So, what do you think? How much do you deal with state and local governments in your practice today? Please share any comments you might have or if you’d like to know more about a particular topic.


Disclosure: IPRO is an Educational Partner and sponsor of eDiscovery Today

* – Have you figured out the significance of the image above yet? They’re “forget me nots”! 🙂

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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