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 Hawaii, electronic discovery (e-discovery) is governed by the Hawaii Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. Rule 26 of the Hawaii Rules of Civil Procedure outlines the general provisions governing the discovery process, including e-discovery. Parties may request ESI in the same manner as other types of evidence, and the rules require that the information be produced in a reasonably usable form. Additionally, Rule 34 allows for the request of any designated documents or electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations. The rules also address issues such as the preservation of ESI, the form of production, and the protection of privileged information. Parties involved in litigation must be aware of their obligations to preserve relevant ESI and be prepared to produce it during the discovery process. Failure to comply with e-discovery requests can lead to court sanctions. It is advisable for parties to consult with an attorney experienced in e-discovery to navigate the complexities of these rules and ensure compliance.