Select your state

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 New Hampshire, electronic discovery (e-discovery) is governed by both federal and state rules when it comes to civil litigation. The Federal Rules of Civil Procedure (FRCP), specifically Rule 34, provide a framework for the discovery of electronically stored information (ESI), which includes the identification, preservation, collection, review, and production of relevant digital data. These rules apply to federal cases and can influence state practices. New Hampshire's state courts follow similar procedures as outlined in the New Hampshire Rules of Civil Procedure. Rule 26 of the New Hampshire Rules mirrors the federal rules and requires parties to disclose electronically stored information that is within their possession, custody, or control and is relevant to the case. Parties must also take reasonable steps to preserve ESI when litigation is anticipated. Failure to comply with e-discovery obligations can lead to sanctions, including fines, adverse inference instructions, or dismissal of claims. It is important for parties involved in litigation to consult with an attorney who is knowledgeable in e-discovery to ensure compliance with these rules and to effectively manage the complexities of handling ESI.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

e-discovery

Individual & Family Legal Plan

Articles

New-Hampshire State Code

New-Hampshire State Code

Civil procedure

e-discovery

Articles