Massachusetts has proposed amendments to Rules 16, 26, 34, 37 and 45 of its Rules of Civil Procedure to address the discovery of electronically stored information. The Draft Reporter’s Notes and Introduction to the proposed amendments cites the “staggering growth of information in electronic form today” as the driving force behind the changes. The proposed changes do not include a mandatory meet and confer conference (a party may make a written request for such a conference). Massachusetts Rule of Civil Procedure 37(f) is equivalent to FRCP 37(e).
Proposed Amendments: Rule 16, Rule 26, Rule 34, Rule 37, Rule 45.