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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 Alabama, electronic discovery (e-discovery) is governed by the Alabama Rules of Civil Procedure, particularly Rule 26, which is similar to the Federal Rules of Civil Procedure. These rules allow parties in litigation to obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party. ESI includes, but is not limited to, emails, documents, presentations, databases, voicemail, audio and video files, social media posts, and websites. Parties may request ESI in native format or as reasonably usable forms. The state of Alabama recognizes the importance of proportionality in e-discovery, meaning that the scope of e-discovery should align with the needs of the case, considering factors such as the amount in controversy and the importance of the issues at stake. Additionally, the rules encourage parties to discuss e-discovery issues early in the litigation process to agree on the scope and format of electronic production, and to address issues related to the preservation of ESI. If disputes arise, the court may intervene to resolve them and ensure that e-discovery is conducted efficiently and fairly.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Alabama State Code

Alabama State Code

Civil procedure

e-discovery

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