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 Missouri, electronic discovery (e-discovery) is governed by the Missouri Rules of Civil Procedure, particularly Rule 58.01, which aligns with the Federal Rules of Civil Procedure on e-discovery matters. Parties in litigation are required to identify, collect, and produce electronically stored information (ESI) such as emails, documents, databases, audio/visual files, social media posts, and other digital content that is relevant to the case. The process must be conducted in a manner that preserves the integrity of the ESI, and parties must be careful to avoid spoliation (destruction or alteration) of evidence. Missouri courts may impose sanctions for failure to properly preserve or produce ESI. Additionally, parties are encouraged to discuss e-discovery issues early in the litigation process during the discovery conference to agree on the scope, timing, and format of ESI production, and to address issues related to the preservation and costs of e-discovery.