Select your state

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 Massachusetts, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Massachusetts Rules of Civil Procedure apply, particularly Rule 26 which deals with the discovery and production of electronically stored information (ESI). Parties may request ESI that is relevant to the case and not privileged, and the rules provide guidance on the format of production, cost-sharing, and protection of privileged material. In federal cases, the Federal Rules of Civil Procedure, especially Rules 16, 26, 34, and 37, provide a framework for e-discovery. These rules outline the duty to disclose ESI, the scope of discovery, the form in which ESI should be produced, and sanctions for failure to preserve ESI. Both sets of rules emphasize the need for parties to confer early in the process to discuss the scope and method of e-discovery. It is important for parties involved in litigation to understand these rules and, if necessary, consult with an attorney who is experienced in e-discovery matters to ensure compliance and to effectively manage the process.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

e-discovery

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Civil procedure

e-discovery

Articles