Judge Kai N. Scott
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements1 rule
Electronic documents must be produced as image files (PDF/TIFF) if parties cannot agree on format.
- File type
Formatting
- •Preserve original formatting
- •Preserve metadata
- •Preserve revision history
Court's wording
If the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF). When the image file is produced, the producing party must preserve the integrity of the electronic document's contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history.
Document Filing Requirements10 rules
AI-generated legal citations must be disclosed and verified for accuracy.
- Document
- Legal citation
Must include
- •AI disclosure
Court's wording
If any attorney for a party, or a pro se party, has used generative Artificial Intelligence ("AI")—including but not limited to ChatGPT, Gemini, Claude, or any other program that uses machine learning to create new content—in a citation of any legal authority filed with the Court, and assigned to Judge Kai N. Scott, then they MUST, in a clear and plain factual statement, disclose that generative AI has been used to assist with the citation of legal authority, disclose what specific generative AI program was used, and CERTIFY that each and every citation of legal authority has been verified as accurate.
Parties must agree on search methodology with e-discovery liaisons.
Court's wording
The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties' respective systems.
Electronic discovery must follow sequenced process with limited accessibility documents last.
Court's wording
Discovery of electronic documents shall proceed in the following sequenced fashion: a. After receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents in accordance with Rule 26(b)(2) of the Federal Rules of Civil Procedure; b. Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed;
Parties must disclose electronic search restrictions within 30 days.
Court's wording
If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose, within thirty days, any restrictions as to the scope and the method which might affect their ability to conduct a complete electronic search of the electronic documents.
The parties shall negotiate an agreement that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents.
After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.
On-site inspections of electronic media under Rule 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated.
Limited accessibility document searches require narrow focus and factual basis.
Court's wording
Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed; requests for limited accessibility documents must be narrowly focused with a factual basis supporting the request;
The retention coordinators shall: a. Take steps to ensure that e-mail of identified custodians shall not be permanently deleted in the ordinary course of business and that electronic documents
In order to avoid later accusations of spoliation, a Rule 30(b)(6) deposition of each party's retention coordinator may be appropriate.