NCJ Number
195112
Date Published
2002
Length
36 pages
Annotation
This chapter focuses on the considerations involved in producing electronic data during civil discovery proceedings.
Abstract
The author notes that there are many considerations to be taken into account when faced with an order to produce electronic records for discovery. Thus, the intention of this chapter is to explain the issues involved and to suggest some procedures and techniques for efficiently managing the task of producing such records for discovery. The author first notes that the cost of complying with discovery requests can be prohibitive, especially when the documents to be produced encompass e-mail and other types of electronic data. In order to cut costs, the first consideration is to correctly identify those electronic records that are pertinent to the case at hand. The author offers tips to help the producing party efficiently manage the task of identifying records, such as determining what is actually needed in a particular case. The second consideration in producing electronic records for discovery is to preserve the records. The author discusses the best way to preserve these records, such as preserving media rather than files for discovery purposes. The third consideration to efficiently producing electronic data is how to correctly filter records. Techniques and procedures for filtering electronic data are detailed to help navigate this point. Finally, this chapter discusses the most effective way of actually producing electronic records. The author intends this chapter to assist those producing electronic documents for discovery, but he notes that there are many techniques to consider because there are a wide variety of cases and types of electronic data. The tips and techniques offered here are meant to be a guidepost, not a specific formula to be applied to each and every civil discovery case.