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A detailed legal treatise for lawyers and other legal professionals, Electronic Discovery and Evidence explores nearly every legal dilemma that may confront the discovery and admissibility of electronic evidence. It covers electronic storage devices and locations, data types, as well as legal issues regarding preservation and discovery with a special focus on admissibility of electronic evidence. All this is accomplished with clear explanations of technology and legal concepts; authoritative discussion of court rules and case law; evidentiary analysis and forms, checklists and practical pointers.
Electronic Discovery and Evidence is organized into eight chapters to guide you through the process of discovering and admitting electronic evidence. Chapter 1, Electronic Information in Litigation, sets the stage for understanding the pervasive change from paper to electronic evidence. It discusses the unique characteristics of electronic data and why you have to discover and also produce this evidence. In Chapter 2, Creation and Storage of Electronic Information, basic information is provided as to how electronic information is created, stored and retrieved. Chapter 3, Structure and Types of Electronic Information, discusses the underlying computer setup, business software applications and how electronic material is organized. It explores special issues unique to electronic information and provides a detailed analysis of the different software types, and citations to legal authorities when applicable. Chapter 4, Computer Forensics, Experts and Service Bureaus, explores the role of forensic specialists to assist you in the collection and processing of electronic information. Chapter 5, Collecting, Processing and Searching Electronic Information, focuses on the actual collection and processing of electronic information. In Chapter 6, Discovery and Production Process, the discovery and production steps are discussed. The focus here is on the overall plan, scope of request, preservation request, production format and other practical issues involved in discovering and producing data. Chapter 7, Court Procedural Rules and Case Law, focuses on the relevant Federal Rules of Procedure and case law in production and disclosure of electronic information. It covers a broad area including Rule 16 pretrial conference, Rule 26 initial disclosures, experts' reports, relevancy, overbroad claims, cost allocation issues, work product, attorney-client waiver issues and protective orders and so forth. Chapter 8, Admissibility of Electronic Evidence, examines the evidentiary considerations for the admission of electronic evidence. It discusses the general concepts of preliminary questions, judicial notice, relevancy, expert witness testimony, hearsay, authentication and the Best Evidence rule.