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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 Colorado, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Colorado Rules of Civil Procedure (CRCP) apply, particularly Rule 26 which outlines the general provisions governing discovery and the duty to disclose. This rule has been updated to address the realities of e-discovery, requiring parties to preserve electronically stored information (ESI) and to discuss ESI issues early in the litigation process. For federal cases, the Federal Rules of Civil Procedure (FRCP), especially Rules 16, 26, 34, and 37, provide detailed guidance on e-discovery. These rules mandate that parties confer about e-discovery issues, such as the preservation of ESI, the forms in which it should be produced, and the allocation of costs. Both sets of rules emphasize the importance of proportionality and reasonableness in e-discovery, aiming to prevent undue burden or expense. Attorneys practicing in Colorado need to be familiar with both the state and federal rules regarding e-discovery to effectively manage the process and advise their clients.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Civil procedure

e-discovery

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