E-Discovery refers to discovery which deals with information stored in electronic format – also referred to as Electronically Stored Information or ‘ESI.’ Electronic information is different from paper information because of its intangible form, volume, transience, and persistence. Also, electronic information is usually accompanied by metadata, which isn’t present in paper information. Electronic discovery poses new challenges and opportunities for attorneys, paralegals, their clients, technical advisors, and the courts, as electronic information is collected, reviewed and produced. Electronic discovery is the subject of amendments to the Federal Rules of Civil Procedure effective December 1, 2006.
California’s Code of Civil Procedure has added Section 1985.8, known as the ‘Electronic Discovery Act,’ which establishes procedures for a person to obtain discovery of electronically stored information, in addition to documents and tangible things in the possession of any other party to the action. This section permits the inspection, copying, testing or sampling of electronically stored information.
Examples of ESI include: computers, cell phones, emails, word, excel and adobe files, networks, servers, accounting databases, Web sites, third-party and off-site systems and back-up tapes, and any other electronically stored information which could be relevant evidence in a law suit.
How can lawyers ensure compliance? Preservation. Collection. Coding. Review. Production. Jackman Sadler can assist you every step of the way. Contact us today for more information.