Electronic Legal Discovery Process

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An Electronic Legal Discovery Process is a task-specific document discovery process that supports producing relevant information as legal evidence.



References

2023a

E-discovery plays a crucial role in modern legal practice because it enables lawyers and parties to efficiently sift through vast amounts of electronic data to find pertinent evidence or information that can support their claims or defenses in a case. Additionally, it helps ensure that all relevant information is disclosed, promoting fairness and transparency in the legal system. Due to the complexity and technical nature of e-discovery, specialized software and experts in digital forensics and legal technology are often employed to assist in the process.

2023b

  • (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/Electronic_discovery Retrieved:2023-8-6.
    • Electronic discovery (also ediscovery or e-discovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often referred to as electronically stored information or ESI).[1] Electronic discovery is subject to rules of civil procedure and agreed-upon processes, often involving review for privilege and relevance before data are turned over to the requesting party.

      Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (e.g. the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation.

      In the United States, at the federal level, electronic discovery is governed by common law, case law and specific statutes, but primarily by the Federal Rules of Civil Procedure (FRCP), including amendments effective December 1, 2006, and December 1, 2015. In addition, state law and regulatory agencies increasingly also address issues relating to electronic discovery. In England and Wales, Part 31 of the Civil Procedure Rules [2] and Practice Direction 31B on Disclosure of Electronic Documents apply. [3] Other jurisdictions around the world also have rules relating to electronic discovery.

  1. Various (2009). Eoghan Casey (ed.). Handbook of Digital Forensics and Investigation. Academic Press. p. 567. ISBN 978-0-12-374267-4. Retrieved 27 August 2010.
  2. Ministry of Justice, PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS, accessed 11 September 2022
  3. Ministry of Justice, PRACTICE DIRECTION 31B – DISCLOSURE OF ELECTRONIC DOCUMENTS, last updated 1 October 2020, accessed 11 September 2022

2017

  • (ATL, 2017) ⇒ http://abovethelaw.com/2017/01/how-artificial-intelligence-will-revolutionize-ediscovery/
    • QUOTE: AI has been enhancing the eDiscovery process, in the form of technology-assisted review, for years now. TAR, along with standard features like threading, batching, and encryption, gives Casepoint all the functionality that lawyers need to fulfill their obligations around discovery. … a feature … which will help lawyers not just satisfy their discovery obligations, but also make better strategic decisions in litigation.