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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 Illinois, electronic discovery (e-discovery) is governed by the Illinois Rules of Civil Procedure, particularly Rule 201(b)(1), which allows for the discovery of any matter relevant to the subject matter involved in the pending action. This includes electronically stored information (ESI), such as emails, documents, databases, voicemails, social media content, and other digital data. The rules require parties to discuss e-discovery early in the litigation process, and they must take reasonable steps to preserve ESI that may be relevant to the case. Additionally, Illinois follows the proportionality standard, meaning that the discovery request must be proportional to the needs of the case, considering factors such as the importance of the issues at stake, the amount in controversy, and the parties' resources. If ESI is not reasonably accessible because of undue burden or cost, the court may order discovery from such sources if the requesting party shows good cause. Attorneys in Illinois must be knowledgeable about their clients' information management systems and be prepared to discuss issues related to ESI during the discovery process.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Civil procedure

e-discovery

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