The Council of Superior Court Judges has requested that the Court approve
a new Uniform Superior Court Rule 6.8, which would essentially mirror the
recently amended Federal Rule of Civil Procedure 37 (e) on the subject of what
remedies a trial court can impose when a party fails to preserve electronically
stored information in civil discovery. Recognizing that this issue has been the topic
of vigorous debate in the State Bar of Georgia and legislative process for the past
several years, the Court solicited comments from all interested persons and entities
on both (1) the merits of proposed Rule 6.8 and (2) the propriety of this subject
being regulated by uniform court rule rather than by statute and/or decisional law.
Numerous comments were received, many of which were extensive. Having
reviewed the comments and carefully considered the questions presented, the Court
declines to approve proposed Rule 6.8 at this time. The Court may reconsider this
decision if the circumstances materially change.
