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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 Oregon, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Oregon Rules of Civil Procedure (ORCP) apply. Specifically, Rule 43 addresses the discovery of electronically stored information (ESI). Parties may request ESI in the same manner as other types of evidence, and the rules outline the formats in which ESI may be produced, as well as the responsibilities of the parties to preserve relevant information when litigation is anticipated or ongoing. For federal cases, the Federal Rules of Civil Procedure (FRCP), particularly Rules 16, 26, 34, 37, and 45, provide detailed guidelines on e-discovery. These rules cover the scope of e-discovery, the duty to preserve ESI, the form of production, and the allocation of costs. Both sets of rules aim to balance the need for information with the burden and expense of producing ESI. Attorneys practicing in Oregon need to be familiar with these 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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