(August 4, 2009) Governor Arnold Schwarzenegger recently took action to clarify and modernize civil procedures for handling electronically stored information during litigation by signing a California Chamber of Commerce-supported bill.

AB 5 (Evans; D-Santa Rosa) provides clarification and certainty for all parties to litigation by providing procedures for electronic discovery—the pre-trial phase of litigation when each party requests relevant information and documents from the other side.

CalChamber supported the bill as a necessary reform, given that information today often is stored and transmitted electronically, but current discovery rules were created for information in paper format. As a result, there are gaps in the law due to complexities and issues unique to electronic data, giving rise to confusion and costly and lengthy disputes. AB 5’s modernization of the discovery rules provide clarification and guidance to the parties and the courts that will reduce disputes and facilitate their resolution.

Improvement of the discovery rules to better accommodate electronic discovery issues will cut down on unnecessary disputes and promote efficiency. Preservation of resources is especially important at a time when both the public and private sectors are experiencing fiscal difficulties.

Staff Contact: Kyla Christoffersen