Discovery is the term used for the initial phase of litigation where the parties in a dispute are required to provide each other relevant information and records, along with all other evidence related to the case.
The key to addressing eDiscovery is to be proactive in the management of information and records with control over the handling of potential ediscovery requests.
eDiscovery is short for electronic discovery, which is defined as the process of discovery in civil litigation that is carried out in electronic formats. It encompasses what most often is referred to as electronically stored information, or ESI.
Examples of the types of ESI included are emails, instant messaging chats, documents, accounting databases, CAD/CAM files, Web sites, and any other electronic information that could be relevant evidence in a lawsuit. Also included in ediscovery are “raw data” and “metadata,” which forensic investigators can review for hidden evidence.
Attention Visual Learners: Click here to SEE how this term relates to Intelligent Information Management (IIM).
eDiscovery legal process – As a practice, eDiscovery runs from the time a lawsuit is foreseeable to the time the digital evidence is presented in court. At a high level, the process is as follows:
The key to being successful with eDiscovery is to have a policy that stresses:
eDiscovery applications and technology enable organizations to pull information and records from the massive volumes of content that span the enterprise, including emails, and eliminate exact copies to reduce the effort and cost of reviewing the remaining content. This can be costly and time-consuming. The best practice is to prepare before you have to act. The costs and management of eDiscovery can be lowered and managed through the implementation of a records management program and the use of an Electronic Records Management (ERM) system.