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 Vermont, electronic discovery (e-discovery) is governed by the Vermont Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. Rule 26 of the Vermont Rules of Civil Procedure outlines the general provisions governing the discovery process, including 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. This includes electronically stored information (ESI), which can encompass emails, documents, databases, audio/visual files, social media posts, and more. Rule 34 allows a party to request the other party to produce and permit the requesting party to inspect, copy, test, or sample ESI. Additionally, Rule 37 provides guidance on the failure to preserve electronically stored information, outlining potential consequences for parties that do not take reasonable steps to preserve ESI that should be preserved for litigation. It's important for parties involved in litigation in Vermont to understand these rules and to manage their electronic information accordingly to comply with e-discovery requests.