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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 Utah, electronic discovery (e-discovery) is governed by the Utah Rules of Civil Procedure, particularly Rule 26 which deals with general provisions governing discovery. This rule outlines the scope of discovery, the duty to disclose, and the procedures for managing e-discovery. Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. ESI includes, but is not limited to, emails, documents, presentations, databases, voicemail, audio and video files, social media posts, and websites. Utah's rules require parties to discuss e-discovery issues early in the litigation process during the discovery planning conference. Additionally, Rule 34 allows a party to request the other party to produce and permit the requesting party to inspect, copy, test, or sample ESI. The federal counterpart, the Federal Rules of Civil Procedure, also applies to cases in federal court and has similar provisions regarding e-discovery. Attorneys practicing in Utah must be familiar with these rules to effectively manage the e-discovery process and ensure compliance with legal obligations in both state and federal litigation.

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Civil procedure

e-discovery

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Civil procedure

e-discovery

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