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Introduction to E-Discovery
by Jason Perry
New Federal Rules of Civil Procedure became law on December 1st, 2006, which most corporate lawyers and attorneys are either unfamiliar with or have not been required to use.
There are three rules specifically that impact Computer Forensics and E-Discovery which need to be considered when building a case for your client, as well as protecting your client's rights. The Federal Rules of Civil Procedure, Rule 26, Rule 34, and Rule 45, have been updated in accordance with Computer Forensics and Electronic Evidence Discovery and have added many new procedures for handling and requesting electronic information.
Electronic Discovery (or E-Discovery) refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case. Electronic Discovery can be carried out off-line on a particular computer or it can be done across a network.
There are several phases to Electronic Discovery. The collection of data is just the beginning of the process. Once a data audit has been completed and a computer forensics or data recovery service implemented, then there are the tasks to process the electronic evidence and produce the electronic evidence in a format which the client and lawyers will accept, such as TIFFs or PDFs.
Various types of data may be considered as critical evidence in a case. These types of data include:
e-mailplain text and documents imagescalendar filesdatabasesspreadsheetsdigital faxes audio filesanimationwebsitescomputer applicationsviruses and spyware Knowing ahead of time what requirements affect your company with regards to E-Discovery and preparing for them will not only help your case, but protect your business.
Jason Perry
About the Author
Computer Forensics Associates is available to evaluate your situation and needs. For more information on Computer Forensics Associates Computer Forensics and E-Discovery service, visit computerforensicsassociates.com
Land Rover Discovery 3 LR3 fantastic LR Experience show
Land Rover Discovery 3 LR3 fantastic LR Experience show
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