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 Nebraska, electronic discovery (e-discovery) is governed by the Nebraska Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. Rule 34 of the Nebraska Rules of Civil Procedure allows for the request of production of electronically stored information (ESI) in the same manner as other types of evidence. Parties may request ESI that is relevant to the case and not privileged. The rules also address the form in which electronic data should be produced, and they provide for the protection of privileged and sensitive information. Additionally, Nebraska has adopted the concept of proportionality, meaning that the burden or expense of the proposed e-discovery should not outweigh its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, and the importance of the issues at stake in the litigation. Attorneys handling cases in Nebraska must be familiar with these rules to effectively manage e-discovery.