Massachusetts State Rules

Ediscovery Rules

Mass. R. Civ. P. 1
Mass. R. Civ. P. 16
Mass. R. Civ. P. 26
Mass. R. Civ. P. 33
Mass. R. Civ. P. 34
Mass. R. Civ. P. 37
Mass. R. Civ. P. 45

Activity with Regards to Federal Rules of Civil Procedure Amendments

Massachusetts has adopted amendments to Rules 16, 26, 34, 37 and 45 of its Rules of Civil Procedure to address the discovery of electronically stored information, which became effective January 1st, 2014. Additionally, in 2016, additional amendments were made to the rules.

In 2016, Massachusetts considered adding the 2015 FRCP changes to Rule 26. These changes included the deletion of the "reasonably calculated" language. Massachusettes declined to adopt this and other changes to this Rule. The Reporter's notes explain that Massachusetts declined to adopt these changes becuase it wanted to see the impact of the 2015 FRCP amendments before adopting them in its state. Despite the hesitancy to adopt the 2015 FRCP in Rule 26, Massachusetts amended its Rule 1 to comply with the FRCP amendments in 2015.

Massachusetts Rule 37, according to the Reporter's Notes, "substantially follows" the pre-2015 FRCP 37(e). The Massachusetts Rule prohibits sanctions for ESI lost because of "routine, good-faith operation of an electronic information system."

Useful Link(s)

Massachusetts Rules of Civil Procedure:
http://www.mass.gov/courts/case-legal-res/rules-of-court/civil-procedure/

Recommended Reading

Stephany Collamore, Heads Up: Amendments to Mass. Rules of Civil Procedure Address E-Discovery, 57 B.B.J. 14 (Winter 2014)

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