SB 1574 Summary

• Expands discovery procedures to include electronically stored information (ESI) alongside traditional documents and tangible things in civil actions and subpoenas.

• Establishes procedures for producing ESI, including rules that parties may specify desired format, responding parties must produce in ordinary format or reasonably usable form, and parties need not produce the same information in multiple formats.

• Requires parties asserting that ESI is not reasonably accessible due to undue burden or expense to bear the burden of proof, but allows courts to order discovery upon a showing of good cause by the demanding party.

• Prohibits courts from imposing sanctions for failure to produce ESI that was lost, damaged, altered, or overwritten as a result of routine, good faith operation of electronic systems, provided this does not alter obligations to preserve discoverable information.

• Repeals outdated technology-specific discovery provisions and makes ESI discovery procedures available through all discovery methods including depositions, interrogatories, and requests for production.