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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 South Carolina, electronic discovery (e-discovery) is governed by the South Carolina 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. Additionally, Rule 26(b)(1) permits discovery of any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, including the existence, description, nature, custody, condition, and location of any documents or other tangible things. Federal cases in South Carolina are subject to the Federal Rules of Civil Procedure, which also address e-discovery. Rule 26(f) of the Federal Rules requires parties to discuss e-discovery issues early in the litigation process. The state encourages cooperation between parties to handle e-discovery efficiently and cost-effectively, and sanctions for failure to preserve ESI can be imposed when there is a duty to preserve such information and it is lost because a party failed to take reasonable steps to preserve it.

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Civil procedure

e-discovery

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South-Carolina State Code

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Civil procedure

e-discovery

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