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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 Washington State, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. The Washington State Civil Rules (CR) align with the Federal Rules of Civil Procedure (FRCP) regarding e-discovery. Specifically, CR 26(b) allows for the discovery of any non-privileged material that is relevant to any party's claim or defense and proportional to the needs of the case, including ESI. Parties are expected to discuss e-discovery issues early in the litigation process during the discovery conference, as outlined in CR 26(f). Additionally, Washington's rules require the preservation of ESI when litigation is reasonably anticipated, and failure to do so may result in sanctions. Attorneys must be knowledgeable about their clients' information management systems and be prepared to discuss specific requirements for the preservation, collection, and production of ESI during the discovery process.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Civil procedure

e-discovery

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