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 Tennessee, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Tennessee Rules of Civil Procedure are applicable, particularly Rule 34 regarding the production of documents and electronically stored information (ESI). This rule allows parties to request ESI in a format that is reasonably usable or to convert information into a reasonably usable format. Additionally, Rule 26 provides guidelines for the discovery process, including the duty to disclose and the scope of discovery. For federal cases, the Federal Rules of Civil Procedure, especially Rules 16, 26, 34, and 37, provide detailed provisions for e-discovery. These rules address issues such as the preservation of ESI, the form of production, the allocation of costs, and the protection of privileged information. Attorneys practicing in Tennessee must be adept at navigating both sets of rules and must also be aware of any case law that interprets these rules in the context of e-discovery.