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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 Ohio, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Ohio Rules of Civil Procedure particularly Rule 26(B)(5) and Rule 34, outline the process and obligations related to e-discovery. These rules require parties to a lawsuit to disclose and produce electronically stored information (ESI) that is relevant to the case, which can include emails, documents, databases, social media content, and more. The parties are also expected to meet and confer about the nature and scope of e-discovery. For federal cases, the Federal Rules of Civil Procedure, especially Rules 16, 26, 34, and 37, apply and provide a framework for the discovery of ESI. These federal rules emphasize the need for proportionality in discovery, the preservation of ESI, and the resolution of disputes related to e-discovery. Attorneys practicing in Ohio must be familiar with both sets of rules and how they apply to the management of ESI in litigation.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Civil procedure

e-discovery

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