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 Mississippi, electronic discovery (e-discovery) is governed by the Mississippi Rules of Civil Procedure, particularly Rule 26, which outlines the general provisions governing discovery and the duty to disclose. This rule has been updated to address the realities of the digital age, including the management of electronically stored information (ESI). Parties may request ESI in the same manner as other types of evidence, and the rules require that the information be produced in a reasonably usable form. Additionally, the rules address issues such as the preservation of ESI, the scope of discovery, and the protection of privileged information. Mississippi follows the federal lead in e-discovery, taking cues from the Federal Rules of Civil Procedure, which have been amended to specifically address e-discovery. It is important for parties involved in litigation to understand their obligations to preserve relevant ESI and to be prepared to produce it in a manner consistent with these rules. An attorney specializing in e-discovery can provide specific guidance on the obligations and processes involved in the state of Mississippi.