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 Michigan, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the Michigan Court Rules (MCR) apply, particularly MCR 2.302 which deals with the discovery of electronically stored information (ESI). This rule allows parties to obtain ESI that is relevant to the litigation and outlines the format in which it should be produced, as well as addressing issues such as the allocation of costs for production. When it comes to federal cases, the Federal Rules of Civil Procedure (FRCP), especially Rule 26 to 37, provide detailed guidelines on e-discovery. These rules cover the scope of e-discovery, the duty to preserve ESI when litigation is anticipated, the form of production, and the protection of privileged information. Both sets of rules emphasize the need for parties to confer early in the process to discuss the nature of the ESI and to plan for its discovery in a way that is reasonable and proportional to the case.

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e-discovery

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e-discovery