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 Arizona, electronic discovery (e-discovery) is governed by the Arizona Rules of Civil Procedure, particularly Rule 26.1, which aligns with 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, social media content, and more. Parties must also discuss e-discovery issues early in the litigation process during the Rule 26(f) conference, including the form of production and any issues related to the preservation of ESI. Arizona has embraced the principles of proportionality and reasonableness in e-discovery, meaning that the scope of e-discovery should be commensurate with the needs of the case, taking into account factors such as the amount in controversy and the importance of the issues at stake.