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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 Kentucky, electronic discovery (e-discovery) is governed by the Kentucky Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. Rule 26.02 outlines the general provisions governing the discovery process, including e-discovery. 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. This includes electronically stored information (ESI), which can encompass emails, documents, databases, audio/visual files, social media posts, and more. Kentucky courts have embraced the concept of e-discovery and expect parties to discuss ESI issues early in the litigation process during the discovery planning conference. Parties are required to preserve relevant ESI when litigation is anticipated or ongoing, and failure to do so can lead to sanctions. The state's approach to e-discovery emphasizes cooperation, reasonableness, and the efficient management of electronic records.

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Civil procedure

e-discovery

Individual & Family Legal Plan

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Kentucky State Code

Kentucky State Code

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Civil procedure

e-discovery