E-Discovery Rules Coming to Virginia State Courts

It appears that Virginia will soon join the federal courts and a growing list of state courts by amending the Rules of the Supreme Court of Virginia to specifically address electronic discovery. By some estimates, more than 90 per cent of business information is now generated and stored electronically. Yet the Virginia Rules governing civil discovery were developed at a time when nearly all business records were generated and stored in paper form. Although the Supreme Court of Virginia was still accepting comments and suggestions at the time this article was submitted, Virginia state court practitioners should take note of the likely changes – which are similar in many respects to the 2006 e-discovery amendments to the Federal Rules of Civil Procedure1 – and take steps now to adopt best practices that reflect the realities of civil litigation in the information age.

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