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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 North Carolina, electronic discovery, or e-discovery, is governed by the North Carolina Rules of Civil Procedure, particularly Rule 34, which allows for the request of production of documents, electronically stored information (ESI), and other items. Parties may request ESI in a form that is reasonably usable, and objections or claims of inaccessibility due to undue burden or cost must be shown. The state follows the principles of proportionality and relevance, meaning that the discovery requests should not be overly burdensome and must be relevant to the case. Additionally, the federal rules, specifically the Federal Rules of Civil Procedure (FRCP), may apply to cases in federal court, which also address e-discovery. Rule 26 of the FRCP outlines the duty to disclose ESI and establishes guidelines for the preservation of ESI, the form of production, and the allocation of costs associated with e-discovery. It is important for parties involved in litigation to understand their obligations regarding the preservation and production of ESI to avoid sanctions for spoliation or non-compliance.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

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Civil procedure

e-discovery