Assuming the information contained in the e-mails is relevant to your case, here are some general guidelines. The first step is determining whether the information requested is reasonably accessible. Oklahoma law permits a party to refuse to produce information if the party can show the information is not reasonably accessible because of undueburden or cost. Typically, this involves determining where the information is stored, such as in a local computer network or out-of-state storage provider, and determining how much it will cost to retrieve the information. Readily accessible information should be retrieved and submitted to your attorney for his or her review. 

 

     If the information is not readily accessible, the court may not require you to produce it.  Oklahoma law provides that a party is not required to provide discovery of electronically stored information from sources not reasonably accessible because of undue burden or cost. If you withhold information, you will be responsible for showing the court that the information is not reasonably accessible because of undue burden or cost. If the court determines the information is relevant but not reasonably accessible, it may order the party asking for the information to pay for its production.  It is important to note that this cost-shifting option is typically available only when inaccessible data is sought.  So, if the request is for recent data, you will likely have to pay any costs associated with the retrieval. 

 

     If and when you receive the emails, be sure to review them and provide them to your attorney. Similar to emptying out file folders of documents, attorneys and clients are now obligated to sift through electronic files and determine which files, folders, spreadsheets, e-mails, and so on, are relevant and responsive. This process, unlike the old-fashioned file cabinet, often involves thousands of files.