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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 Delaware, electronic discovery (e-discovery) is governed by the Delaware Court of Chancery Rules and the Delaware Superior Court Civil Rules, which are similar to the Federal Rules of Civil Procedure. These rules outline the procedures for parties to identify, preserve, collect, review, and produce electronically stored information (ESI) in the course of litigation. Rule 26 of the Delaware Court of Chancery Rules, for example, provides guidelines for the discovery process, including the duty to disclose ESI that is relevant to the case. Parties are expected to meet and confer about the nature and scope of e-discovery, and they must take reasonable steps to preserve ESI that may be relevant to the litigation. If a party fails to adequately preserve ESI, it may face sanctions, including adverse inference instructions, fines, or dismissal of claims. The state of Delaware recognizes the importance of e-discovery in modern litigation and has established rules to ensure that the process is conducted efficiently and fairly, with an emphasis on cooperation and proportionality.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

e-discovery

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