With the passing of a full year since the e-discovery focused amendments to the Federal Rules of Civil Procedure came into effect, we still see a multitude of discovery requests relying upon older interpretations of the FRCP’s definition of “documents” which includes “data compilations from which information can be obtained.” The 2006 amendments broadened the definition of items subject to legal discovery, ranging from documents or data compilations to include all electronically stored information.
To expect a producing party to include in their disclosures perhaps dozens of various electronically stored information (ESI) types as listed below without the requesting party specifying every category of ESI from the start is naove to say the least. While many production requests weigh heavily upon relevant documents and e-mails, there may be many other forms of crucial ESI that potentially may be overlooked by sheer omission in the request. To include many of the more subtle forms of ESI in your production requests, a thorough understanding of its relevance and the manner in which it needs to be recovered and produced needs to evaluated to justify its production beforehand. That is where CyberControls Computer Analysis Team members will assist attorneys in locating data on electronic media that has evidentiary value in order to eventually present that data in a manner consistent with our clients legal theories and strategies.
2. Document drafts
3. Document changes not saved
4. Documents created not saved
5. Instant messages-sent and received
8. Metadata associated with specific data files
9. Internet Service Provider (ISP) e-mails i.e. Yahoo mail, Hot Mail, AOL etc.
10. Voice mail messages/deleted voice messages
11. Folder names/File directory
12. Master File Table
13. Images-including all website images visited
14. All website visiting activities-including elapsed time while viewing each site
16. Draft spreadsheets
17. Database files
18. Financial records incl. tax and accounting info
19. Faxes sent & recieved
20. File access history from company servers and/or Internet
21. Contact lists, Outlook calendar appointments
22. PDA synchronized data
23. Credit card numbers/Online credit card transactions
24. History of Internet searches by search criteria
26. Company records
27. Inventory of all external hardware devices connected to computer i.e. external media devices, printers, back-up systems etc.
28. Inventory of all software applications installed on the computer
29. Deleted data files
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