Electronic Data Discovery Guidelines


Electronic discovery is the retrieval of data in the electronic format. These days, information is being increasingly created, stored and transferred in the electronic form. Computers, hard disks, CDs, DVDs, floppy disks and tapes are some of the most commonly used storage devices. Data can be transferred from one location to another via electronic, voice or video mails through the Internet. All this has made the data more vulnerable.

Electronic data can be protected to a certain extent, but is also susceptible to being altered or erased by anyone. This erased or altered data is not completely gone from the system, but can be retrieved using special software tools. The process of recovering useful information from vast amounts of data is known as data discovery. Data discovery has become an important tool in lawsuits today.

There are certain guidelines relating to electronic data discovery. Some of them are:

1) counsel should become knowledgeable about their clients' information management systems and their operation, including how information is stored and retrieved. In addition, counsel should make a reasonable attempt to review their clients' electronic information files to ascertain their contents, including archival, backup, and legacy data (outdated formats or media);

2) To determine what information must be disclosed pursuant to this rule, counsel shall review with their clients the clients' electronic information files, including current files as well as back-up, archival, and legacy computer files, to determine what information may be used to support claims or defenses (unless used solely for impeachment). If disclosures of electronic information are being made, counsel shall also identify those individuals with knowledge of their clients' electronic information systems who can facilitate the location and identification of discoverable electronic information;

3) A party seeking discovery of computer-based information shall notify the opposing party of that fact immediately, and shall identify as clearly as possible the categories of information that may be sought;

4) the parties shall confer regarding the following matters: computer-based information in general, e-mail information, deleted information, back-up and archival data, format and media, costs and privileged material. Guidelines may differ from country to country and from state to state.




Electronic Discovery provides detailed information on Electronic Discovery, Electronic Evidence Discovery, Electronic Data Discovery, Electronic Discovery Software and more. Electronic Discovery is affiliated with Electronic Component Distributors [http://www.e-ElectronicComponents.com].





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