University of Denver

New Hampshire Discovery of Electronically Stored Information (ESI)

Effective October 1, 2013, New Hampshire has codified E-discovery into a single rule N.H. Super. Ct. R. 25. A memorandum has been published along with the rule to assist attorneys and other interested parties in meeting the obligations under the new rule. The rule establishes a duty to preserve ESI, requires counsel to notify clients to place a “litigation hold” on ESI, and requires that requests are proportional to the issue, with cost shifting in situations where there is not proportionality. The new rule does not provide for sanctions for losses of ESI.

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