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 Maryland, electronic discovery (e-discovery) is governed by the Maryland Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. These rules require parties in litigation to preserve and produce electronically stored information (ESI) that is relevant to the case. Rule 2-402 of the Maryland Rules provides for the discovery of ESI. Parties may request ESI in specific formats and the rules protect against providing ESI that is not reasonably accessible due to undue burden or cost. Additionally, Maryland has a duty to preserve ESI when litigation is reasonably anticipated, and failure to do so may result in sanctions. Attorneys practicing in Maryland must be competent in handling e-discovery, which includes understanding the legal and technical aspects of ESI, to effectively represent their clients.