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 California, electronic discovery (e-discovery) is governed by both state and federal laws, depending on the jurisdiction of the case. The California Electronic Discovery Act specifically outlines the procedures and requirements for e-discovery in state courts. This Act was modeled after the 2006 amendments to the Federal Rules of Civil Procedure, which provide a framework for e-discovery in federal litigation. Under these rules, parties to litigation are required to preserve and disclose electronically stored information (ESI) that is relevant to the case. This includes a wide range of data such as emails, documents, databases, audio/visual files, social media posts, and more. The rules also address issues such as the form of production, privilege, protection of work product, and sanctions for failure to comply with e-discovery obligations. It's important for parties involved in litigation to understand these rules and manage their electronic information accordingly, as mishandling e-discovery can lead to legal and financial penalties. An attorney specializing in e-discovery can provide guidance on these matters to ensure compliance with the applicable laws and regulations.