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 Wisconsin, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Wisconsin Rules of Civil Procedure are applicable, particularly those rules analogous to the Federal Rules of Civil Procedure (FRCP) that address e-discovery. These rules require parties to a lawsuit to preserve and produce electronically stored information (ESI) that is relevant to the case. This includes a wide range of digital data such as emails, documents, databases, audio and video files, social media posts, and more. The process of e-discovery in Wisconsin involves the identification, preservation, collection, review, and production of ESI, and it must be done in a manner that protects the integrity of the information. Parties are also expected to confer early in the litigation process about the scope and methods of e-discovery. Failure to comply with e-discovery obligations can lead to sanctions, including fines, adverse inference rulings, or dismissal of claims. In federal cases, the FRCP rules 16, 26, 34, 37, and 45 specifically address e-discovery and apply to cases in the federal district courts in Wisconsin.