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What Is Electronic Discovery?

Electronic discovery (also called e-discovery or eDiscovery) 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. E-discovery can be carried out on a particular computer or it can be done in a network of computers. Electronic discovery also expands to include digitally stored voicemail, and information contained on personal digital assistants (PDAs) such as Blackberry devices and Palm Trios. Court-ordered or government sanctioned forensic extraction of electronic information for the purpose of obtaining critical evidence is also a type of e-discovery.

The nature of digital data makes it extremely well-suited to investigation. Digital data can be electronically searched with ease, whereas paper documents must be scrutinized manually. In the process of electronic discovery, data of all types can serve as evidence. This can include text, images, calendar files, databases, spreadsheets, audio files, animation, Web sites, and computer programs. Electronic mail (e-mail) can be an especially valuable source of evidence in civil or criminal litigation, because people are often less careful in these exchanges than in hard copy correspondence such as written memos and postal letters.

The volume of corporate information created and stored electronically has increased dramatically in recent years. From 1995 to 2005 the estimated magnitude of electronic documents has increased by a staggering rate as illustrated in the following chart:

When an organization becomes a party in a lawsuit, often the opposing party seeks access to this Electronically Stored Information. Standard discovery procedures allow a party to request all relevant materials from an opposing party. This includes the discovery of Electronically Stored Information, or e-Discovery.

 
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What is Electronic Document Discovery      |      ESI - Electronically Stored Information