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Practice directions by jurisdiction

Consult our index of eDiscovery practice directions for jurisdictional requirements, including relevant Acts and Rules.

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Australia

Business and Property Courts of England and Wales

eDiscovery Use
Strongly Recommended

Overview

  • Disclosure requirement according to PD57AD in all matters heard in the B&P Courts of England and Wales.
  • “Menu” of different disclosure options which can be agreed by parties or ordered by the courts for individual issues.
  • Parties expected to cooperate according to a fixed timetable leading up to the first case management conference to agree on an electronic disclosure plan and exchange protocol. The Courts provide some guidance but is flexible in respect of what will best suit the circumstances of each matter and what will facilitate the just resolution of the proceeding as quickly, inexpensively, and efficiently as possible.
  • The approach to disclosure is required to be outlined using the Disclosure Review Document (including an outline of expected costs, document volumes and the scope of any extended disclosure). This DRD should be exchanged no more than 14 days before the Case Management Conference.
  • Review of data over 50,000 documents strongly encouraged to leverage Technology Assisted Review.
  • There is simplified procedure for Less Complex Claims (including those under £1 million) that may include the dispensing of the need to complete a DRD.

Rules
Practice Direction 57AD 2022

Scotland

eDiscovery Use

Absent

Overview

  • Disclosure only applicable to documents the parties wish to rely on or based on specific orders by the court. Motions to request ‘commission and diligence’ from the other side possible for specific documents, but no requirement for eDisclosure as in England and Wales.

Rules
Guidance on recovery of documents in commercial actions in Scotland 2018

Last updated: 05/26

Related References
Client Data Collection Questionnaire\ Questions for custodians to identify relevant repositories for collection