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 Connecticut, electronic discovery (e-discovery) is governed by state rules and federal laws if the case is in federal court. The Connecticut Practice Book, which contains rules for the administration of justice within the state's courts, includes provisions for e-discovery. These rules are similar to the Federal Rules of Civil Procedure (FRCP), particularly Rule 26, which outlines the duty to disclose and the scope of discovery, including ESI. Parties are required to identify relevant ESI and take reasonable steps to preserve it when litigation is anticipated or ongoing. The process involves the parties meeting and conferring to discuss the nature of any ESI, the format in which it should be produced, and the methods for searching and reviewing the information. Failure to comply with e-discovery requests or the destruction of ESI can lead to sanctions, including fines, adverse inference instructions to the jury, or dismissal of claims. Attorneys in Connecticut must be knowledgeable about the state's e-discovery rules to effectively manage the process and advise their clients on compliance.