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Your First Discovery Request: What to Expect and How to Respond

If you’re part of a legal team facing your first electronic discovery (eDiscovery) request, the process can seem overwhelming. Digital legal evidence has fundamentally changed how discovery unfolds – and it’s no longer just a matter of boxes of paper files. Whether you’re a solo practitioner, part of a growing in-house legal department, or managing litigation at a midsized firm, understanding eDiscovery basics is now essential.

This guide breaks down what eDiscovery is, why it matters, and what to expect when you receive your first discovery request.

What Is eDiscovery?

eDiscovery —or electronic discovery—is the process of identifying, preserving, collecting, reviewing, and producing electronically stored information (ESI) in response to a legal request. ESI can include emails, text messages, documents, spreadsheets, audio files, databases, and more. 

The shift from paper to digital means that even a routine case can involve terabytes of data. Understanding how to manage and protect this information is crucial to avoiding costly delays or sanctions – and to building a strong case. 

Why eDiscovery Matters

For modern legal teams, eDiscovery is no longer optional. Courts now expect parties to cooperate or meet and confer early on data identification and preservation. Poor eDiscovery practices can lead to spoliation (loss or destruction of evidence), sanctions, or lost strategic opportunities. 

Legal technology platforms and expert litigation support services help mitigate those risks by bringing structure, automation, and defensibility to a process that’s become too complex and voluminous to manage manually. 

The Stages of eDiscovery: Discovery Basics

Understanding the general stages of eDiscovery will help you respond to a discovery request with confidence:

1. Information Governance

Information Governance is the foundation of any eDiscovery effort. Legal teams should work with IT and compliance stakeholders to establish policies for mapping data systems, storing, accessing, and disposing of electronic records.  This way, when teams receive notice of a litigation, the data can be retrieved efficiently and easily from its source.

2. Identification

When a legal matter arises, the first step is identifying which data sources are impacted and where relevant data is stored. This might include email servers, cloud storage, physical devices, and databases. Early collaboration with custodians (people who possess relevant data) is key.

3. Preservation

Once potential evidence is identified, legal teams must ensure that data is preserved to avoid alteration or deletion. Legal hold notices are often issued at this stage.

4. Collection

This involves gathering the preserved ESI in a forensically sound way. It’s critical that the data’s integrity is maintained and not altered at the time of collection so that it represents how the data appeared in the ordinary course of business. Partnering with experienced discovery vendors ensures defensibility and efficiency in this step.

5. Processing

Collected data is filtered and prepared for review. Duplicate files are removed, metadata is extracted, files are made searchable and irrelevant data may be culled. This step can drastically reduce data volume – and cost.

6. Review

Attorneys and legal professionals review documents for relevance, privilege, and responsiveness. Legal tech solutions like predictive coding and AI-assisted review can speed up the process and lower costs.

7. Production

Responsive data is shared with opposing counsel in a legally acceptable format. Privilege logs may also be exchanged detailing groups of documents subject to protection from disclosure.  Productions must meet specific technical and procedural standards. 

Your First eDiscovery Request: What to Expect

When you receive your first discovery request, it may include:

• Interrogatories: Written questions about your client’s key personnel, data and document management systems.
• Requests for Production: Demands for specific documents or communications (including ESI).
• Preservation Notices: Instructions to maintain relevant data without alteration. 

Here’s how to respond effectively: 

1. Don’t Delay 

Early case assessment is critical. The sooner you act, the more control you’ll have over cost, scope, and risk. 

2. Assemble Your Team 

Involve IT, compliance, and outside vendors as needed. Even small firms benefit from legal tech and litigation support providers who specialize in digital discovery. 

3. Identify Your Key Data Sources 

Determine where responsive data lives and how to access it. Ensure cloud systems, legacy servers, or employee devices are made available for preservation and collection. 

4. Issue a Legal Hold 

Ensure custodians and IT teams understand their obligation to preserve relevant information. 

5. Document Everything 

Keep records of your preservation and collection efforts to demonstrate good faith and defensibility including any interview notes with key custodians or data system owners. 

6. Leverage Technology 

Tools like early case assessment (ECA), document review platforms and Technology Assisted Review tools streamline workflows and save time and money. 

eDiscovery Doesn't Have to Be Daunting

At Array, we understand that managing digital legal evidence can feel complex – especially for teams new to the process. That’s why we offer scalable litigation support services that simplify every stage of discovery. 

Whether you’re responding to a subpoena, collecting data from multiple custodians, or preparing for document review, we provide the legal tech and expertise to help you stay compliant, reduce cost, and meet tight deadlines. 

With the right guidance and tools, eDiscovery can become a strategic advantage – not a burden.