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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 Idaho, electronic discovery (e-discovery) is governed by the Idaho Rules of Civil Procedure, particularly Rule 34, which deals with the production of documents and electronically stored information (ESI). Parties in litigation may request ESI relevant to the case, and the responding party is obligated to produce it, subject to claims of privilege or protection as trial-preparation material. The rules also address the form in which electronic data should be produced and allow for the requesting party to specify the form or forms in which it wants the ESI produced. Additionally, Rule 26(f) requires parties to discuss e-discovery issues early in the litigation process during the discovery planning conference. This includes the nature and scope of e-discovery, issues related to the preservation of ESI, and the form of production. If disputes arise regarding e-discovery, parties may seek the court's intervention to resolve the issues. It's important to note that e-discovery must be conducted in a manner that is proportional to the needs of the case, considering factors such as the amount in controversy, the importance of the issues at stake, and the parties' resources.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Idaho State Code

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Civil procedure

e-discovery

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