Electronic discovery or “e-discovery” involves the exchange of digital information for trial. Procedural laws on e-discovery are relatively new when compared to the development of law as a whole. Each jurisdiction may handle e-discovery differently, but it helps to be aware of some basic issues associated with e-discovery. Electronic discovery efforts can sometimes make or break a case.
Some issues to look out for when dealing with e-discovery include:
Number of Files being Requested: Requesting large amounts of irrelevant documents just to harass or confuse the opposing counsel is prohibited. You should also be aware if you suspect this is happening to you.
- Expert Advice: Some electronic storage databases can be relatively complex and may be difficult for untrained persons to navigate. Accessing electronic files may require the assistance of a trained IT professional. Be sure that your IT person can communicate with you directly and efficiently when requesting files or seeking files.
- Electronic Terminology: Similarly, electronically stored information has its own terminology and technical language. Be sure that all personnel and all parties to the case are clear when dealing with technical terms such as “image”, “digital media”, and other more technical words.
- Understand the Process: Obtaining ESI is not as simple as retrieving a file on a computer. The information must often be located, placed on hold, verified, and extracted before it can be used as evidence. This needs to be factored in when considering court deadlines and timelines.
Lastly, you need to stay aware and keep up with major updates and changes in this area of law. As technology advances, especially with mobile and bring-your-own devices, civil discovery laws will need to adapt as well. Spend the time and resources to educate yourself on these developments, and consult with a person who can advise you in more detail when it comes to the technical side of legal practice.
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