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 Oklahoma, electronic discovery (e-discovery) is governed by the Oklahoma Discovery Code, which is similar to the Federal Rules of Civil Procedure. The rules require parties in litigation to identify, collect, and produce electronically stored information (ESI) such as emails, documents, databases, audio/visual files, social media posts, and other digital content that may be relevant to the case. Oklahoma's rules, like the federal rules, allow for the discovery of ESI that is reasonably accessible and not unduly burdensome or expensive to produce. Parties are expected to meet and confer about the scope and format of e-discovery, and they must take reasonable steps to preserve ESI that could be relevant to the litigation. Failure to comply with e-discovery obligations can result in sanctions, including fines, adverse inference instructions to the jury, or dismissal of claims. It is important for parties involved in litigation to work with their attorneys to understand and fulfill their e-discovery responsibilities under Oklahoma law.