Electronic Discovery Ch. 6

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Electronic Discovery Ch. 6
2011-11-29 02:17:59
Electronic Discovery

Chapter 6 Electronic Discovery
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  1. Electronic Discovery
    The process of producing and receiving litigation documents in electronic format.
  2. Discovery
    The pretrial stage of litigation where parties disclose to each other information about their case.

    • 1. Taking pretrial oral testimony from parties and witnesses in the form of depositions
    • 2. The exchange of written requests for information and interrogatories, and the responses to these requests
    • 3. The exchange of statements of fact, called requests for admissions, which each party must admit or deny
    • 4. The production of hard-copy documents in response to either a subpoena duces tecum (a command for a witness to appear at a certain time and place and bring documents or records) or request for the production of documents.
  3. ESI - Electronically Stored Information
    Term used by FRCP to refer to all electronic data, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data compilations stored in any medium from which information can be obtained or translated.
  4. Litigation Hold
    An order suspending destruction or disposal of all relevant hard-copy and electronically stored information, instituted when a party reasonably anticipates litigation.
  5. Sampling Data
    • The process of testing data to determine if it is appropriate for production.
    • Also refers to the process of testing a database to see if it contains information relevant to the subject matter of the case.
  6. Spoliation
    The destruction or alteration of relevant documents (or other evidence) in litigation.
  7. Two classes of ESI:
    • 1. Accessible Data
    • 2. Inaccessible Data
  8. Accessible Data
    Data that have not been deleted and can be accessed without the use of special tools and/or software.
  9. Inaccessible Data
    Data that can be accessed only with the use of special tools and/or software.
  10. Clawback
    The ability to have privileged material that has been produced inadvertently returned with no waiver of privilege.
  11. Safe Harbor
    A provision of the FRCP providing that parties who act in good faith but inadvertently destroy ESI as a routine part of their information systems handling are not subject to sanctions for that destruction.