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Electronic discovery is subject to rules of civil procedure and agreed-upon processes, often involving review for privilege and relevance before data are turned over to the requesting party. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence.
The term native files refers to user-created documents, which could be in Microsoft Office or OpenDocument file formats as well as other files stored on computer, but could include video surveillance footage saved on a computer hard drive, computer-aided design files such as blueprints or maps, digital photographs, scanned images, archive files, e-mail, and digital audio files, among other data.
Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. [2] Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
Digital evidence is almost never in a format readable by humans, requiring additional steps to include digital documents as evidence (i.e. printing out the material). It has been argued that this change of format may mean digital evidence does not qualify under the "best evidence rule". [4]
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"The discovery of new treatments would slow, opportunities to train the next generation of scientific leaders would shrink, and our nation’s science and engineering prowess would be severely ...
Zubulake v. UBS Warburg [1] is a landmark decision in the area of electronic discovery and the burden of costs for such discovery.It was released on May 13, 2003 and was written by Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York.
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