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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 Georgia, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Georgia Civil Practice Act (O.C.G.A. Title 9, Chapter 11) includes provisions for e-discovery. Specifically, Rule 26 provides guidelines for the discovery process, which encompasses ESI. Parties may request ESI in the same manner as other types of evidence, and the rules address issues such as the form of production and the duty to preserve relevant information. In federal cases, the Federal Rules of Civil Procedure (FRCP) apply, with Rules 16, 26, 34, 37, and 45 being particularly relevant to e-discovery. These rules outline the scope of e-discovery, the duty to preserve ESI, and the consequences of failing to comply with e-discovery obligations. Attorneys practicing in Georgia must be familiar with both sets of rules and understand how to effectively manage e-discovery to comply with legal obligations and protect their clients' interests.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Civil procedure

e-discovery

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