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 Kansas, electronic discovery (e-discovery) is governed by the Kansas Rules of Civil Procedure, particularly by K.S.A. 60-226 and K.S.A. 60-234, which are similar to the Federal Rules of Civil Procedure. These rules outline the process and obligations of parties to identify, preserve, collect, review, and produce electronically stored information (ESI) in the course of litigation. The rules require parties to discuss e-discovery early in the litigation process during the initial discovery conference. They must address issues such as the scope of e-discovery, the form in which ESI should be produced, and how to handle privileged or protected information. Additionally, the rules provide for the protection of parties from undue burden or cost in producing ESI and set out the consequences for failing to preserve ESI when litigation is anticipated or ongoing. Attorneys practicing in Kansas must be familiar with these rules to effectively manage e-discovery and advise their clients on compliance and best practices.