Electronic discovery covers the handling of digital evidence in litigation, from the moment a preservation duty attaches through production to opposing parties. It follows a recognized sequence: identification of relevant sources, preservation, collection, processing, review for responsiveness and privilege, and production in an agreed format.
It is governed by the same discovery rules as paper, but the volume, metadata, and technical handling requirements make it a specialized discipline.
Alternative Names:
E-Discovery, eDiscovery
Why it Matters?
E-discovery is the largest single cost center in complex litigation, frequently exceeding all other defense expense combined. It is also where cases are lost on process rather than merits: preservation failures, inadequate search, and production disputes generate sanctions motions that reframe a case around the defendant's conduct. Proportionality arguments and early scoping are the primary levers for controlling both cost and risk.
Frequently Confused with
Related terms
Frequently asked questions
What are the stages of e-discovery?
Why is e-discovery so expensive?
