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 Nevada, electronic discovery, or e-discovery, is governed by the Nevada Rules of Civil Procedure (NRCP), particularly NRCP 16.1 and 26 to 37, which align with the Federal Rules of Civil Procedure (FRCP) regarding e-discovery. These rules require parties in litigation to preserve, collect, and produce electronically stored information (ESI) that is relevant to the case. This includes a wide range of digital data such as emails, documents, databases, audio and video files, social media posts, and more. The rules also provide guidelines for the format of production, privilege claims, and the protection of privileged and confidential information. Additionally, parties are encouraged to discuss e-discovery plans early in the litigation process and may be required to address issues such as the scope of e-discovery, the preservation of ESI, and the methods for reviewing and producing ESI during the pretrial conference. Failure to comply with e-discovery obligations can result in sanctions, including fines, adverse inference rulings, or dismissal of claims.