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 Minnesota, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. The Minnesota Rules of Civil Procedure, particularly Rule 26, outline the procedures for discovery, including e-discovery. These rules require parties to a lawsuit to disclose electronically stored information (ESI) that is relevant to the case, which can include emails, documents, databases, social media content, and more. The rules also address issues such as the format of production, the scope of discovery, and the protection of privileged information. Additionally, when a case falls under federal jurisdiction, the Federal Rules of Civil Procedure, especially Rule 34, apply to e-discovery. These federal rules also emphasize the need for parties to produce relevant ESI and provide guidelines for the preservation of electronic evidence, the handling of privileged ESI, and the resolution of disputes related to e-discovery. Attorneys practicing in Minnesota must be familiar with both sets of rules and understand how to effectively manage e-discovery to comply with legal obligations and protect their clients' interests.