Michael E. Byczek, Attorney at Law

		Overview - Federal Rules of Civil Procedure - Illinois Civil Procedure - Federal Rules of Evidence - Cases - Litigation Support Software Discovery of Electronically Stored Information (ESI) Parties to litigation acquire information about the case through a process called discovery, in which specific documents or data is requested pursuant to rules of court procedure. When the requested material is electronically stored information (ESI), the process is referred to as e-discovery. ESI includes resources such as e-mail, ISP records, hard drives, word processor files, databases, cell phones, removable USB drives, video, photographs, voice recordings, and access logs. Attorneys and courts rely upon technical consultants to serve as forensic examiners (i.e. retrieve deleted files from a hard drive), I.T. analysts (i.e. identify key components of an opponent’s technological infrastructure and data formats), and review specialists (i.e. develop search strategies that scan millions of files and corresponding metadata to locate the “smoking gun” that will win a lawsuit). The e-discovery process is comprised of nine stages, as outlined by The Electronic Discovery Reference Model. Information Management: Corporate e-retention policies anticipate litigation by mitigating risks and expenses of having to comply with court ordered discovery. Identification: Potential sources of ESI are located and described. Preservation: Prevent inappropriate modification or deletion of data during the discovery process without interfering with business or personal activities. Collection: Acquire ESI for review while maintaining data integrity and original formats. Processing: Filter through ESI to reduce the volume of data in accordance with attorney instructions and review requirements. Review: Evaluate data for relevance and privilege. Analysis: Search for key patterns, topics, individuals, content, and context. Production: Deliver ESI to required parties in requested formats. Presentation: Display results in native or near-native form at trial, court hearings, or depositions. The Sedona Conference Working Group Series is another source of model e-discovery & e-retention policies used to solve the challenges posed by ESI during litigation. See how technical consultants use the Federal Rules of Civil Procedure during litigation support. Copyright © 2007-2010 - Michael E. Byczek. All Rights Reserved.