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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 West Virginia, electronic discovery, or e-discovery, is governed by the West Virginia Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. Rule 26(a) outlines the general provisions governing the duty to disclose and the scope of discovery, including electronically stored information (ESI). 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. 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 for sanctions if a party fails to comply with e-discovery requests. It is important for parties involved in litigation to understand their obligations related to e-discovery, including the preservation of relevant ESI, and to be aware of the potential consequences of failing to comply with these obligations.

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Civil procedure

e-discovery

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Civil procedure

e-discovery

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