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 Mexico, electronic discovery (e-discovery) is governed by the New Mexico Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. These rules require parties in litigation to preserve and disclose electronically stored information (ESI) that is relevant to the case. Rule 1-026.1 specifically addresses the discovery of ESI, outlining the scope of discovery, the form in which ESI should be produced, and the allocation of costs associated with e-discovery. Parties are expected to meet and confer about the nature and scope of e-discovery early in the litigation process. If disputes arise regarding e-discovery, parties can seek the court's intervention to resolve issues such as the preservation of ESI, the extent of discovery, and protection against undue burden or cost. Additionally, New Mexico has adopted rules to address the inadvertent disclosure of privileged information, allowing parties to retrieve such information under certain circumstances. Attorneys practicing in New Mexico must be familiar with these rules and ensure that their clients comply with e-discovery obligations to avoid sanctions or adverse consequences in litigation.