Litigants in state court cases have been obtaining discovery of Electronically Stored Information, or “ESI,” for quite some time. The broad scope of discovery permitted by Mass.R.Civ.P. 26(b)(1)
, the expansive definition of “documents” found in the previous version of Mass.R.Civ.P 34(a)
, and the reference to “electronic storage locations” in Superior Court Standing Order 1-09(c)(3)
all suggest that ESI should be discoverable. Until the enactment of certain amendments to the Mass. Rules of Civil Procedure (“Rules”) that took effect on January 1st of this year, however, litigants and the courts had little guidance as to how to proceed with this important form of discovery. Rules 16
, as amended, now provide some much-needed regulation. This article addresses some of the key provisions.