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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 Montana, electronic discovery (e-discovery) is governed by the Montana Rules of Civil Procedure, particularly Rule 26, which aligns with the Federal Rules of Civil Procedure. These rules require parties in litigation to disclose electronically stored information (ESI) that is relevant to the case. The process involves identifying, preserving, collecting, reviewing, and producing ESI, which can include emails, documents, databases, audio files, social media posts, and other digital content. Parties must also be mindful of the duty to preserve ESI when litigation is anticipated, to avoid claims of spoliation. Montana courts may impose sanctions for failure to properly preserve or produce ESI. Additionally, the rules encourage parties to confer early in the litigation process to discuss the scope and methods of e-discovery, and to address issues such as the form of production and the handling of privileged or protected information.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Civil procedure

e-discovery