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 Texas, electronic discovery (e-discovery) is governed by the Texas Rules of Civil Procedure, particularly Rule 196.4, which specifically addresses the discovery of electronic or magnetic data. Parties may request ESI by specifically describing the medium and the form in which they wish the information to be produced. The responding party is obligated to produce the ESI that is responsive to the request and is reasonably available to the responding party in its ordinary course of business. If the ESI is not reasonably available because of undue burden or cost, the responding party must state the reason for the inaccessibility. The Texas rules also allow for a 'test run' of the e-discovery process to determine the feasibility and costs associated with the request. Additionally, federal cases in Texas are subject to the Federal Rules of Civil Procedure, specifically Rule 34, which also deals with the production of ESI. These rules require parties to discuss e-discovery issues early in the case and to be prepared to produce relevant ESI in a reasonably usable format.
