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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 Dakota, electronic discovery (e-discovery) is governed by the South Dakota Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. These rules require parties in litigation to disclose and produce electronically stored information (ESI) that is relevant to the case. The process involves identifying, preserving, collecting, reviewing, and producing ESI, which can include emails, documents, databases, audio files, social media posts, and other digital content. Parties must also be mindful of the duty to preserve ESI when litigation is anticipated, to avoid sanctions for spoliation (destruction of evidence). South Dakota courts may also order specific e-discovery procedures and limitations to protect against undue burden or cost, and they encourage parties to confer and cooperate on e-discovery matters to facilitate a smooth discovery process.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Civil procedure

e-discovery

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