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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 Virginia, electronic discovery (e-discovery) is governed by the Virginia Rules of Civil Procedure, particularly Rule 4:1(b)(8) which addresses the discovery of electronically stored information (ESI). Parties may request ESI in the same manner as other types of evidence, and the rules outline the formats in which electronic data should be produced. The state follows the principles of proportionality and reasonableness, meaning that the discovery requests should not be overly burdensome or costly relative to the nature of the case. Additionally, Virginia's rules consider the accessibility of ESI and allow for protection of privileged information. If ESI is deleted or not preserved when there is a duty to do so, sanctions may be imposed. It is important for parties involved in litigation to understand their obligations regarding the preservation and production of ESI to comply with these legal requirements.

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Civil procedure

e-discovery

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Civil procedure

e-discovery

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