2009 Regular Session
June 9, 2009
SB 65, Electronic Discovery Bill, Up for Another Senate Vote Tomorrow
Contact Senators Now!
SB 65 by Sen. Jack Donahue, an electronic discovery bill promoted by the U.S. Chamber and its local initiative “Coalition for Common Sense,” failed to pass the Senate by a vote of 19 to 19 following a spirited debate by those who understood the procedural and evidentiary issues. It takes 20 votes to pass this bill, so the proponents are only one vote short. The author plans to bring the bill back for another vote tomorrow, Wednesday, June 10.
The vote margin is too close for comfort. Contact your senator now if you care about big business re-writing the Code of Civil Procedure.
This is one of the few bills the LSBA voted to take a position against. They testified against this bill in committee and continue to oppose it. This is not a plaintiff lawyer versus defense lawyer issue.
Non-lawyers were pushed hard by the usual cadre of big business lobbyists, who argued that SB 65 would protect small businesses. They cited an ALEC article to support their claim that it costs up to $2.5 million to retrieve electronic records in a mid-size case and without this protection, small businesses would have no recourse but to settle every case.
Don’t wait to contact your senator for a NO vote on SB 65.
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