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Bill > SB1574


CA SB1574

CA SB1574
Discovery: electronically stored information.


summary

Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
07/09/2012

Introduced Session

2011-2012 Regular Session

Bill Summary

An act to amend Sections 1985, 1985.3, 1985.6, 1985.8, 1987, 1987.1, 1987.2, 2017.010, 2017.020, 2020.020, 2020.220, 2020.410, 2020.510, 2023.030, 2025.220, 2025.280, 2025.410, 2025.420, 2025.450, 2025.460, 2025.480, 2026.010, 2027.010, and 2029.200 of, to amend the heading of Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4 of, to add Section 2019.040 to, and to repeal Sections 2017.710, 2017.720, 2017.730, and 2017.740 of, the Code of Civil Procedure, relating to discovery.

AI Summary

This bill makes several amendments to the Code of Civil Procedure concerning discovery, which is the process of obtaining evidence in a legal case. Primarily, it clarifies and expands the rules regarding the discovery of "electronically stored information" (ESI), which includes digital data like emails, documents, and other electronic records. The bill ensures that ESI is treated similarly to traditional documents and tangible items in discovery requests, allowing parties to inspect, copy, test, or sample it. It also addresses the forms in which ESI can be produced, the burden and expense associated with accessing ESI from difficult-to-reach sources, and provides protections against sanctions for accidental loss of ESI due to routine electronic system operations, while still emphasizing the obligation to preserve discoverable information. Additionally, the bill refines procedures for subpoenas, particularly deposition subpoenas, to better accommodate the production of ESI and clarifies notice requirements for consumers and employees whose personal or employment records, including ESI, are sought. It also repeals certain sections related to ESI discovery, likely to consolidate and streamline these provisions within the updated framework.

Committee Categories

Justice

Sponsors (3)

Last Action

Chaptered by Secretary of State. Chapter 72, Statutes of 2012. (on 07/09/2012)

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