What Electronic discovery mean
Electronic discovery (or e-discovery, eDiscovery)
refers
to discovery in civil
litigation which deals with the exchange of information in electronic format
(often referred to as Electronically Stored
Information or ESI).Usually
(but not always) a digital forensics analysis is performed to
recover evidence. A wider array of people are involved in eDiscovery (for
example, forensic investigators, lawyers and IT managers) leading to problems
with confusing terminology.
Data is identified as relevant by attorneys and placed on legal hold. Evidence is then extracted and analysed
using digital forensic procedures, and is
usually converted into PDF or TIFF form for use in court
.
.
Electronic information is considered different from paper information because
of its intangible form, volume, transience and persistence. Electronic
information is usually accompanied by metadata that is not found in paper documents and that
can play an important part as evidence (for example the date and time a document
was written could be useful in a copyright case). The preservation of metadata from
electronic documents creates special challenges to prevent spoliation. Electronic discovery was the
subject of amendments to the Federal Rules of Civil
Procedure (FRCP), effective December 1, 2006.]
Individuals working in the field of electronic discovery commonly refer to
the field as Litigation Support
- 1 Types of ESI
- 1.1 Electronic messages
- 1.2 Voicemail
- 1.3 Smartphones and Personal Digital Assistants
- 2 Reporting formats
- 3 Common issues
- 4 See also
- 5 References
- 6 External links
for more
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