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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 New Jersey, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the New Jersey Rules of Court apply, particularly Rule 4:10-2(f) which deals with the discovery of electronically stored information (ESI). This rule allows parties to request ESI and outlines the format in which it should be produced. It also addresses issues such as the inadvertent production of privileged information and the allocation of costs for e-discovery. In federal cases, the Federal Rules of Civil Procedure (FRCP), especially Rules 16, 26, 34, 37, and 45, provide guidance on e-discovery. These rules cover the preservation of ESI, the scope of discovery, the form of production, and the protection of privileged information. Both sets of rules emphasize the need for parties to confer early in the litigation process about e-discovery matters and encourage cooperation to reduce disputes and costs associated with e-discovery.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Civil procedure

e-discovery

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