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 Florida, electronic discovery, or e-discovery, is governed by the Florida Rules of Civil Procedure, particularly Rule 1.350 concerning the production of documents and things without deposition, and Rule 1.280 regarding general provisions governing discovery. These rules have been updated to address the realities of the digital age. They allow for the discovery of ESI, which includes writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium. Parties may request ESI in a form that is reasonably usable, and objections to e-discovery requests must be made with specificity. Additionally, the rules address issues such as the inadvertent production of privileged information and the duty to preserve electronically stored information when litigation is anticipated. Federal law, particularly the Federal Rules of Civil Procedure, also provides guidance on e-discovery and may apply to cases in federal jurisdiction or those involving federal questions. Rule 26(f) of the Federal Rules of Civil Procedure requires parties to discuss e-discovery issues early in the litigation process. It's important to note that the handling of e-discovery must also comply with privacy laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) when dealing with health records, or other sector-specific legislation.