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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 Arkansas, electronic discovery (e-discovery) is governed by the Arkansas Rules of Civil Procedure, particularly Rule 26, which aligns with the Federal Rules of Civil Procedure to some extent. These rules allow parties in litigation to obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. This includes electronically stored information (ESI), such as emails, documents, databases, audio/visual files, social media posts, and other digital content. Parties may request ESI in specific formats and the rules contemplate issues such as accessibility and the burden or cost of producing such information. If ESI is not reasonably accessible because of undue burden or cost, the court may nonetheless order production upon showing good cause. Additionally, Arkansas has rules in place to protect against the disclosure of privileged or protected information and to address the inadvertent production of such information. Attorneys practicing in Arkansas must be familiar with these rules and how they apply to the collection, review, and production of ESI in the context of legal proceedings.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

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Civil procedure

e-discovery