The new Electronic Discovery Act (formerly known as Assembly Bill No. 5 or AB 5) amended the California Civil Discovery Act, effective June 29, 2009, by explicitly addressing the discovery of electronically stored information.  On August 14, 2009, The Judicial Council adopted related amendments to the California Rules of Court, Rule 3.724.  The Electronic Discovery Act amended California Code of Civil Procedure §§ 2016.020, 2031.010–2031.060, 2031.210–2031.280, and 2031.290–2031.320 and added new Code of Civil Procedure §§ 1985.8 and 2031.285.

Here is the text of the Electronic Discovery Act as introduced showing changes (in italics and strikethroughs) from [then] current law.  In addition, two new sections were added:  Sections 1985.8 and 2031.285.  (Because these last two sections are new, they are not italicized.)  The full text of AB 5 as introduced, minus the Legislative Counsel’s Digest, becomes the final text of the Electronic Discovery Act.  For more information on the Electronic Discovery Act, its legislative history, and its application and interpretation, send us an email.  law@willhoffman.com