Model Local Rule 26.1
Discovery of Computer-based Information

(1) Duty to Investigate and Disclose. Prior to a Fed.R.Civ.P.26(f) conference, counsel shall review with the client the client's information management systems in order to understand how information is stored and how it can be retrieved. To determine what must be disclosed pursuant to Fed. R. Civ.P.26(a)(1), Counsel shall further review with the client the client's information files, including currently maintained computer files as well as reasonably acccessible historical, archival, back-up, and legacy computer files, whether in current or historic media or formats. Counsel shall also identify a person or persons with knowledge about the client's information management systems and with the ability to facilitate, through counsel, reasonably anticipated discovery.

(2) Duty to Notify. A party seeking discovery of computer-based information shall notify the opposing party as soon as possible, but no later than the Fed.R.Civ.P.26(f) conference, and identify as clearly as possible the categories of information which may be sought. A party may supplement its request for computer-based information as soon as possible upon receipt of new information relating to digital evidence.

(3) Duty to Meet and Confer. During the Fed.R.Civ.P.26(f) conference the parties shall confer and attempt to agree on computer-related discovery matters, including the following:

(a) preservation and production of computer-based information; procedures to deal with inadvertent production of privileged information; whether restoration of deleted computer-based information may be necessary; whether back-up or legacy data is within the scope of discovery; and the media, format, and procedures for producing digital information.

(b) whether on-site inspection of computer equipment and files, or forensic imaging of computer drives for later inspection, is necessary to facilitate discovery.

(b) who will bear the costs associated with computer-based discovery, such as data preservation, imaging, and restoration (if necessary).

(4) Duty to Report. The parties shall submit a Fed. R. Civ. P. 26(f) report to the court containing the parties' views and proposals regarding the following:
(a) any changes in timing, form, or requirements of mandatory disclosures under Fed. R. Civ. P. 26(a);

(b) the date on which mandatory disclosures were or will be made;

(c) the anticipated substantive scope of discovery, including both discovery relevant to the claims and defenses and discovery relevant to the subject matter of the dispute;

(d) whether any party will likely request or produce computer-based information, and if so, the parties discussions of the issues listed under the duty to meet and confer above;

(e) date by which discovery should be completed;

(f) any needed changes in limitations imposed by the federal rules of civil procedure, local rule or standing order;

(g) any orders, such as data preservation orders, protective orders, etc., which are sought;

(h) proposed deadline for joining other parties and amending the pleadings;

(i) proposed deadline for completing discovery;

(j) proposed deadline for filing motions.