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 Rhode Island, electronic discovery (e-discovery) is governed by the Rhode Island Rules of Civil Procedure, particularly Rule 34, which allows for the request of production of documents, electronically stored information (ESI), and other tangible things. Parties may request ESI in a form that is reasonably usable, and objections or claims of inaccessibility due to undue burden or cost must be shown by the party from whom discovery is sought. Additionally, Rule 26(b)(1) permits the discovery of any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. Rhode Island, like other jurisdictions, may also refer to the Federal Rules of Civil Procedure for guidance, which have been amended to address e-discovery issues specifically. These rules emphasize the importance of proportionality and reasonableness in e-discovery requests and the need to protect against undue burden or expense.