§ 2017.730 Order authorizing the use of technology; notice and motion; criteria for granting order; stipulated order; rules and regulations
§ 2017.730. Order authorizing the use of technology; notice and motion; criteria for granting order; stipulated
order; rules and regulations
(a) Pursuant to a noticed motion, a court may enter an order authorizing the use of technology in conducting discovery in any of the following:
(1) A case designated as complex under Section 19 of the Judicial Administration Standards.
(2) A case ordered to be coordinated under Chapter 3 (commencing with Section 404) of Title 4 of Part 2.
(3) An exceptional case exempt from case disposition time goals under Article 5 (commencing with Section 68600) of Chapter 2 of Title 8 of the Government Code.
(4) A case assigned to Plan 3 under paragraph (3) of subdivision (b) of Section 2105 of the California Rules of Court.
(b) In a case other than one listed in subdivision (a), the parties may stipulate to the entry of an order authorizing the use of technology in conducting discovery.
(c) An order authorizing the use of technology in conducting discovery may be made only upon the express findings of the court or stipulation of the parties that the procedures adopted in the order meet all of the following criteria:
(1) They promote cost-effective and efficient discovery or motions relating thereto.
(2) They do not impose or require an undue expenditure of time or money.
(3) They do not create an undue economic burden or hardship on any person.
(4) They promote open competition among vendors and providers of services in order to facilitate the highest quality service at the lowest reasonable cost to the litigants.
(5) They do not require the parties or counsel to purchase exceptional or unnecessary services, hardware, or software.
(d) Pursuant to an order authorizing the use of technology in conducting discovery, discovery may be conducted and maintained in electronic media and by electronic communication. The court may enter orders prescribing procedures relating to the use of electronic technology in conducting discovery, including orders for service of discovery requests and responses, service and presentation of motions, conduct of discovery in electronic media, and production, storage, and access to information in electronic form.
(e) The Judicial Council may promulgate rules, standards, and guidelines relating to electronic discovery and the use of electronic discovery data and documents in court proceedings.