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 Iowa, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Iowa Rules of Civil Procedure apply, particularly Rule 1.503, which outlines the procedures for discovery and production of electronically stored information (ESI). Parties may request ESI in the same manner as other documents, and the rules provide for the protection of privileged information and the imposition of sanctions for failure to comply with e-discovery requests. In federal cases, the Federal Rules of Civil Procedure, especially Rules 16, 26, 34, 37, and 45, are applicable. These rules address the discovery of ESI by establishing the scope of discovery, the form in which ESI should be produced, the duty to preserve ESI when litigation is anticipated, and the consequences of failing to preserve or produce ESI. Attorneys practicing in Iowa must be familiar with both sets of rules and understand how to effectively manage e-discovery to comply with legal obligations and protect their clients' interests.