E-Discovery (ESI) Guidelines
The Guidelines, Checklist and Model Stipulated Order on this page are court-approved and counsel should consult them at the beginning of a case. The Guidelines and Checklist were updated effective December 1, 2015 to comport with the changes to the Federal Rules of Civil Procedure adopted by the Supreme Court and Congress.
The Standing Order for all Judges of the Northern District of California requires, effective November 27, 2012, that the parties' Joint Case Management Statement include, among other things:
A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information (“ESI Guidelines”), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and 2.02, and Checklist for ESI Meet and Confer.
All counsel are expected to review the Guidelines. The Checklist & Model Stipulated Order themselves are highly recommended, but their use is voluntary. In addition, counsel may stipulate to or move for entry of a protective order, such as the court-approved Model Protective Orders.
ESI Guidelines & Checklist (Revised December 2015)
- Guidelines for the Discovery of Electronically Stored Information (.pdf)
- ESI checklist for use during the Rule 26(f) meet and confer process (.pdf)
Model Stipulated Orders
- Model Stipulated Order Re: Discovery of Electronically Stored Info (Standard Cases)(.doc)
- Model Stipulated Order Re: Discovery of Electronically Stored Info (Patent Cases)(.doc)