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Washington Agreement Regarding Discovery of Electronically Stored Information

State:
Washington
Control #:
WA-SKU-0187
Format:
PDF
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Agreement Regarding Discovery of Electronically Stored Information

The Washington Agreement Regarding Discovery of Electronically Stored Information (WA-DESI) is a document developed by the Washington State Bar Association to provide guidance to lawyers and courts in the discovery of electronically stored information (ESI). The agreement sets out a framework for the discovery process, including identifying what types of ESI must be produced in discovery, the methods for preserving and retrieving ESI, and the standards for protecting confidential and privileged information. The WA-DESI provides helpful guidance for lawyers in how to navigate discovery of ESI, and is applicable to all stages of litigation, from initial discovery requests to dispute resolution. The agreement includes two types of provisions: procedural provisions, which provide guidance on how to manage the discovery process; and substantive provisions, which provide guidance on the types of ESI that must be produced. The WA-DESI is applicable to all civil cases in Washington State, and it is recommended that lawyers use the document when litigating cases involving ESI. The agreement is regularly updated to reflect changes in technology and the legal landscape.

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FAQ

10 days after the service of summons.? (See Code Civ. Proc., § 2031.020(b).) Once the time passes, plaintiff is entitled to serve discovery without any procedural hurdles. However, in a federal court action, a party may not serve discovery until after the meeting of counsel under Federal Rule of Civil Procedure 26.

You must complete discovery 30 days before your trial If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.

A litigation discovery protocol (aka, ESI Discovery Protocol) governs the preservation, collection, and production of Electronically Stored Information (ESI). For example, an ESI discovery protocol may identify the sources of data to search, date filters and search terms to apply, and production formats.

Discovery may commence as provided in C.R.C.P. 26(d) upon service of the Case Management Order. The deadline for completion of all discovery, including discovery responses, shall be not later than 49 days before the trial date.

Except in categories of proceedings exempted from initial disclosure under Rule 26(a)(1)(E), or when authorized under these rules or by order or agreement of the parties, a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f) .

Ing to the precise language of Rule 26(f)?when meeting to confer, both parties must: Consider the nature and basis of their claims and defenses. Consider possibilities for promptly settling or resolving the case.

More info

Copies of privileged documents or information that have been stored on electronic media that is not reasonably accessible, such as disaster recovery. 10. Rule 34(a) is amended to confirm that discovery of electronically stored information stands on equal footing with discovery of paper documents.Including the discovery of electronically stored information ("ESI"). The focus and core of eDiscovery is electronically stored information (ESI), which is virtually anything in a digital format. P. 26(b)(2)(B) Specific Limitations on Electronically Stored Information. Electronically Stored Information ("ESI")'. The focus and core of eDiscovery is electronically stored information (ESI), which is virtually anything in a digital format. Ly stored information ("ESI") have serious implica- tions for discovery in civil litigation. Electronically Stored Information ("ESI")'. Discovery of electronically stored information from ever-evolv- ing technologies.

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Washington Agreement Regarding Discovery of Electronically Stored Information