eDiscovery 101 - Basics

eDiscovery, also known as electronic discovery or e-discovery, is the process of identifying, collecting, and analyzing electronically stored information (ESI) in response to a legal request. It can be a time-consuming and expensive undertaking, but it is often necessary in order to comply with the law.

eDiscovery is typically used in civil litigation, but it can also be used in criminal cases. In many jurisdictions, eDiscovery is a formal part of the pretrial discovery process. In others, eDiscovery is not specifically mentioned in the law but is still allowed under the general rules of discovery.

There are several steps involved in eDiscovery:

1. Identifying relevant ESI: This step involves identifying what type of information is needed and where it is located.

2. Collecting the ESI: Once the relevant ESI has been identified, it must be collected from all relevant sources. This can be a difficult and time-consuming process, particularly if the data is spread out across multiple devices and locations.

3. Analyzing the ESI: The collected data must then be analyzed to determine what is relevant and what can be used as evidence. This step can also be time-consuming and expensive, as it often requires the use of specialized software and other tools.

4. Preparing for trial: Once the relevant ESI has been collected and analyzed, it must be prepared for trial. This includes organizing the data, creating exhibits, and drafting witness statements.

eDiscovery can be a complex and expensive process, but it is often necessary in order to comply with the law. If you are involved in a legal case, it is important to consult with an experienced eDiscovery attorney to ensure that your rights are protected.