On April 23, 2009, the Wisconsin Judicial Council petitioned the Wisconsin Supreme Court to create and amend certain Wisconsin Rules of Civil Procedure to address the discovery of electronically stored information (ESI).

There are several differences between the proposed amendments and the 2006 amendments to the Federal Rules of Civil Procedure (FRCP).  Most notably is the definition of ESI which is not defined in the FRCP.  The Judicial Council added a definition and provided specific examples of ESI.  The proposed amendments also do not contain the mandatory meet and confer provision found in FRCP 26(f).  Rather, the amendments encourage the courts to be more active in managing electronic discovery early in litigation. For a copy of the Memorandum of Support and Petition of Wisconsin Judicial Council for An Order Amending Certain Wisconsin Statutes, click here.