Friday, October 22, 2010

Q&A with Kevin Gordon: Sources limited for ESI discovery

Q: Oklahoma's E-discovery laws go into effect Nov. 1. What is E-discovery?

A: Courts have long required parties in litigation provide the opposing side with documents or information related to a lawsuit through a process referred to as "discovery." E-discovery is a term used to describe the extension of this production to electronically stored information (ESI), including e-mails, text messages, social networking data, audio recordings of phone calls and voice messages, and call logs.

Q: How have Oklahoma's laws regarding E-discovery changed?

A: The Legislature amended Oklahoma's Civil Procedure Code earlier this year to explicitly state ESI is subject to discovery in state courts. The amendments impose some limitations on the extent of such discovery by providing a party does not have to produce ESI from sources not reasonably accessible due to the undue burden or cost of retrieving information from them.

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Source: newsok.com

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