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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 Louisiana, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Louisiana Code of Civil Procedure provides guidelines for discovery, including e-discovery. Parties may request ESI in the same manner as other types of evidence, and the state rules mirror the Federal Rules of Civil Procedure to some extent, particularly after amendments that took effect to address the realities of modern digital information. Under these rules, parties are expected to produce ESI that is relevant to the case and not unduly burdensome to provide. For federal cases, the Federal Rules of Civil Procedure, specifically Rule 26 to 37, outline the process and scope of e-discovery. These rules require parties to discuss e-discovery plans early in the litigation process, identify relevant ESI, and address issues such as the preservation of ESI, the form in which ESI should be produced, and the allocation of costs associated with e-discovery. Both state and federal rules also address the need to protect privileged information and provide mechanisms for resolving disputes related to e-discovery.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Louisiana State Code

Louisiana State Code

Civil procedure

e-discovery

Articles