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Remote depositions, ESI production, and subpoena venue clarified in revised rules
Summary
Revisions permit electronic depositions (limited to one 7‑hour day), formalize ESI production options, restore 30(b)(6) numbering and meet‑and‑confer requirements, and require subpoena disputes to be adjudicated in the circuit court where the action is pending; the rules add an ESI clawback provision for inadvertently produced materials.
The committee said several discovery rules were updated to reflect electronic practice and modern evidence management. "Depositions are now expressly allowed to be taken by electronic or remote means, and they are limited, per deposition, to 1 day of 7 hours," a presenter said, and Rule 30(b)(6) notices now require a meet‑and‑confer on topics before noticing a corporate representative deposition.
Rule 34 now explicitly permits requests for electronically stored information and allows the producing party to choose to produce ESI in the form in which it is ordinarily maintained or in a reasonably usable form. Rule 45 requires subpoena motions be brought in the circuit court where the action is pending rather than where the subpoenaed materials are located, and the rules include a clawback mechanism for inadvertently produced ESI.
