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Civil procedure

e-discovery

Electronic discovery (e-discovery) is the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for a production of the information in a lawsuit or investigation.

In Alaska, electronic discovery (e-discovery) is governed by the Alaska Rules of Civil Procedure, particularly Rule 26, which parallels the Federal Rules of Civil Procedure. These rules require parties in litigation to disclose electronically stored information (ESI) that is relevant to the case. The process involves identifying, preserving, collecting, reviewing, and producing ESI, which can include emails, documents, databases, voicemail, social media posts, and other digital content. Parties must also be mindful of the duty to preserve ESI when litigation is anticipated, to avoid sanctions for spoliation (destruction of evidence). Alaska's rules allow for the discovery of ESI that is reasonably accessible and not unduly burdensome or expensive to produce. If ESI is not reasonably accessible due to undue burden or cost, the court may nonetheless order production upon showing good cause. Additionally, the rules provide for the protection of privileged and confidential information. It is important for parties involved in litigation in Alaska to understand these rules and to manage their electronic information accordingly to comply with e-discovery requirements.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Alaska State Code

Alaska State Code

Civil procedure

e-discovery

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